Residence permit for family reasons Issued for the family reunification of a foreign spouse with a German national

• Find out whether your foreigners authority allows you to apply online or has a special application form.
• If the application can only be submitted in person, make an appointment at the immigration office. If you apply online, the Foreigners' Registration Office will contact you after receiving your application to arrange an appointment.
• During the appointment, your identity and documents will be checked (please bring your documents to the appointment, in the original if possible).
• If your application is approved, your fingerprints will be taken to produce a new electronic residence permit (eAT card).
• The Foreigners' Registration Office will commission the Bundesdruckerei to produce the eAT card. After completion, you will receive information and can collect the eAT card from the responsible office. The eAT card must always be collected in person.
• If your application is rejected, you will receive a notice of rejection.

The foreigners authority responsible for the applicant's place of residence is responsible for processing the application.

• You are a national of a country outside the EU or the EEA.
• You are the spouse or partner of a German national.
• You and your spouse or partner have reached the age of 18.
• Your German spouse or partner has their habitual residence in Germany (i.e. their main place of residence is not only temporarily in Germany).
• Your marriage/ civil partnership with the German national is valid and still exists.

Please note: The validity of the marriage depends on the form and marriage requirements specified at the place of marriage. The marriage no longer exists if it has been divorced, annulled or declared invalid by an incontestable decision of a competent body.

• You and your spouse/cohabiting partner live together as a family (e.g. sharing a home). If you do not live together in a shared home, you may be considered to be living together as a family if you maintain regular contact with each other that goes beyond mere visits.
• You can at least communicate in a simple way in German (level A1 of the Common European Framework of Reference for Languages). This may be waived if no German courses are offered in your country of origin, if they are too expensive or if you are unable to attend them for other reasons.

Please note: under certain circumstances, the immigration authority may oblige you to attend an integration course. This will then be noted on your residence permit.

• There is no interest in deporting you.

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

• Recognized and valid identity document (e.g. passport or passport substitute)
• Current biometric photo in passport format (45 x 35 mm)
• Visa, if this was 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 an integration course)

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

Issuing a residence permit: EUR 100.00

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

Remark:

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

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

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

• § Section 45 number 1 Residence Ordinance (AufenthV)

Application deadline: 6 weeks to 8 weeks

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

Note (for further information on the deadline):

The residence permit is a temporary residence title 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 date

Approximately six to eight weeks

For more information on the processing time:

The processing time may vary depending on how busy the immigration office is.

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

• § Section 28 (1) no. 1 Residence Act

• Appeal against the decision of the immigration authority within one month of notification
• Legal action before the court named in the objection notice if the objection is not upheld

Forms available: No

Written form required: No

Informal application possible: Yes

Personal appearance necessary: Yes

• Securing a livelihood is generally not required for family reunification with Germans.
• A residence permit is excluded if the marriage or civil partnership was forced or was only entered into in order to join the family in Germany.
• If polygamy is permitted in the country of origin, only the spouse or partner of the first marriage is entitled to join the family.
• The procedure at the Foreigners' Registration Office is usually conducted in German.
• All information provided to the Foreigners' Registration Office should be correct and complete to the best of your knowledge and belief so that your application can be processed without major delays.
• Incorrect or incomplete information can slow down the procedure and be detrimental to the person concerned. In serious cases, incorrect or incomplete information that is not completed or corrected in good time vis-à-vis the immigration authority can result in the revocation of previously granted residence rights, a fine, a prison sentence of up to three years or expulsion from the federal territory.
• Due to the complexity of residence law, this description is for information purposes only and is not legally binding.

16.01.2023