Source: BUS Sachsen-Anhalt (Linie6PLus)

Apply for an extension of the residence permit for the reunification of a foreign spouse with a German

Description

As the spouse or partner of a German, you can have your residence permit extended for family reunification if you would like to continue living in Germany with your partner.

For the extension of the residence permit, the same conditions must be met and the same documents must be submitted as when the residence permit was first issued.

If your residence permit is extended, it will continue to entitle you to work.

Prerequisites

In principle, the same conditions must be met for the extension of the residence permit as for the first issuance of the residence permit. That is:

The validity period of your current residence permit will expire in the near future.
You would like to continue your stay in Germany with your German spouse or partner.
Your marriage or civil partnership with the German citizen continues.
Please note: The marriage no longer exists if it has been dissolved, annulled or declared invalid by an incontestable decision of a competent body.
Your German spouse or partner continues to have his or her habitual residence in Germany (i.e. the centre of his or her life is not only temporarily in Germany).
You continue to live with your spouse or partner in a family partnership (e.g. shared apartment). If there is no cohabitation in a shared apartment, the assumption of a family cohabitation can be considered if you maintain regular contact with each other that goes beyond mere visits.
You can at least communicate in German in a simple way (level A1 of the Common European Framework of Reference for Languages). This can be waived if no German courses are offered in your country of origin, if they are too expensive or if 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.
Their stay does not endanger or impair the interests of the Federal Republic of Germany.

Required documents

Recognized and valid identity document (e.g. passport or passport substitute)
Up-to-date biometric photo in the passport (45 x 35 mm)
In the case of an obligation to participate in an integration course: Proof that an integration course has been completed or that integration into social life has taken place in some other way. If an integration course has not yet been completed, the Foreigners' Registration Office may refuse the extension or extend the residence permit only for one year until the course has been successfully completed or proof has been provided that integration into social life has taken place elsewhere.

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

If necessary, you may have to submit proof of the continuation of your marriage or civil partnership (e.g. marriage certificate) to the Foreigners' Registration Office.

Fees (costs)

96,00 Euro for a further stay of up to three months
93,00 Euro for a further stay of more than three months

Remark:

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

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

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

§ 45 No. 2 Residence Ordinance (AufenthV)

Deadlines

Application deadline: 6 weeks to 8 weeks

Note (for more information on the deadline):

The extension of the residence permit must be applied for before the validity of the current residence permit ends. The application should be received by the Foreigners' Registration Office at least six to eight weeks before the expiry of the residence permit.

Duration:

In case of extension, the residence permit is issued for at least one year.

Processing time

approx. 6 weeks to 8 weeks

Note for further information on processing time:

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

It takes about 4 to 6 weeks for Bundesdruckerei to produce the electronic residence permit.

Legal remedy

Objection to the decision of the Foreigners' Registration Office within one month of notification
Bringing an action before the court named in the notice of opposition if the objection is not upheld

Responsible body

Foreigners' Registration Office

Applications / Forms

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance required: Yes

Procedure

Find out whether your Foreigners' Registration Office allows you to apply 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, if possible in the original, with you to the appointment).
If your application is granted, your fingerprints will be taken in the form of a new electronic residence permit (eATKarte) for the production of the residence permit.
The Foreigners' Registration Office commissions the production of the eAT card from 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 not required for family reunification with Germans.
A residence permit is excluded if the marriage or civil partnership
- has been enforced, or
- has only been received for 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 reunification.
After three years of possession of a residence permit for the family reunification of a foreign spouse with a German, a permanent residence permit (settlement permit) can be applied for under facilitated conditions (see information on the "Settlement permit issued for family members of Germans who have joined them").
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 the persons concerned. In the event of an emergency, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Foreigners' Registration Office may result in the revocation 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.