Source: BUS Sachsen-Anhalt (Linie6PLus)

Residence permit for family reasons Issue for family reunification of a foreign spouse to a German

Description

As the spouse or partner of a German, you can obtain a residence permit for family reunification if you want to live together in Germany.

The residence permit is issued for a limited period of at least one year and entitles the holder to engage in gainful employment.

Prerequisites

You are a citizen of a country outside the EU or the EEA.
You are the spouse or partner of a German citizen.
You and your spouse or partner are at least 18 years of age.
Your German spouse or partner has his habitual residence in Germany (i.e. his or her centre of life is not only temporarily in Germany).
Your marriage/civil partnership with the German citizen has been validly concluded and still exists.

Please note: The validity of the marriage depends on the form specified at the place of the marriage and the conditions for the marriage there. The marriage ceases to exist if it has been dissolved, annulled or declared invalid by a final decision of a competent body.

You have a family cohabitation with your spouse/partner (e.g. shared apartment). If there is no cohabitation in a common apartment, the assumption of a family cohabitation is considered if you maintain regular contact with each other that goes beyond mere visits.
You can communicate at least in a simple way in German (level A1 of the Common European Framework of Reference for Languages). This can be waived if there are no German courses offered in your country of origin, they are too expensive or you cannot attend them for other reasons.

Please note: under certain circumstances, the Foreigners' Registration Office may oblige you to participate in an integration course. This will then be noted on your residence permit.

There is no interest in expulsion against you.

Your stay does not endanger or impair the interests of the Federal Republic of Germany.

Required documents

Recognized and valid identity document (for example, passport or passport substitute)
Current biometric photo in passport format (45 x 35 mm)
Visa, if required for entry
Proof of the existence of the marriage or civil partnership (e.g. marriage certificate)
Proof of knowledge of the German language at least at level A1 (e.g. language certificate, German school, training or university certificates, proof of successful participation in the integration course)

The documents and information must always be submitted in German. In individual cases, the Foreigners' Registration Office may require less or further proof.

Fees (costs)

Issue of residence permit: EUR 100.00

Under certain conditions, a fee reduction or exemption may be considered.

Remark:

Additional fees may apply for issuing the residence permit in the form of an electronic residence title (eAT card), which can also be used as an electronic proof of identity.

The timing and form of charging and payment vary depending on the authority.

In certain cases, reductions or exemptions from fees may be considered (e.g. for persons entitled to asylum or recognised refugees). Lower fees may apply for Turkish nationals.

§ 45 No. 1 Residence Ordinance (AufenthV)

Deadlines

Application deadline: 6 weeks to 8 weeks

The extension should be applied for at least eight weeks before the expiry of your valid residence permit.

Remark (for more information on the deadline):

The residence permit is a temporary residence permit and is issued for at least one year. An extension must be applied for at the Foreigners' Registration Office in good time before the expiry of the validity

Processing time

About six to eight weeks

For more information on processing time:

The processing time may vary depending on the workload of the Foreigners' Registration Office.

The production of the electronic residence title by Bundesdruckerei takes about 4 to 6 weeks.

Legal remedy

Objection against the decision of the Foreigners' Registration Office within one month of notification
Action before the court named in the notice of opposition if the objection is not complied with

Responsible body

Please contact the responsible immigration authority.

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

Find out whether your immigration authority allows you to submit your application online or has a special application form.
If the application is only possible in person, make an appointment at the Foreigners' Registration Office. In the case of an online application, the Foreigners' Registration Office will contact you after receipt of your application to make an appointment.
During the appointment, your identity and documents will be checked (please bring your documents, preferably original, to the appointment).
If your application is granted, your fingerprints will be taken for the production of the residence permit in the form of a new electronic residence title (eATKarte).
The Foreigners' Registration Office commissions the production of the eATKarte at Bundesdruckerei. After completion, you will receive information and can pick up the eAT card from the responsible office. The eAT card must always be picked up in person.
If your application is rejected, you will receive a rejection notice.

Further information

As a rule, securing one's livelihood is refrained from in the case of family reunification with Germans.
A residence permit is excluded if the marriage or civil partnership was forced or has only been entered into for the purpose of reunification to Germany.
If plural marriage is permitted in the country of origin, only the spouse or partner of the first marriage is entitled to join him.
The procedure at the Foreigners' Registration Office is usually carried out in German.
All information provided to the Foreigners' Registration Office should be correct and complete to the best of our knowledge and belief so that the request can be processed without major delays.
Incorrect or incomplete information can slow down the procedure and be detrimental to those affected. In an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the immigration authority may result in the withdrawal of residence rights already granted, a fine, imprisonment of up to three years or expulsion from the federal territory.
Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.