There are extensive rules regarding the rights of third-country nationals to join a non-German relative who is already living in Germany. In these cases, the kind of residence permit of the person already resident in Germany, on the one hand, and the family position of the joining person, on the other, are decisive factors.

If some preconditions are met, spouses and recognised same-sex partner have an entitlement to join their relatives in Germany if the foreign relative concerned

1) has a permanent settlement permit,

2) is a recognised refugee

3) has had a limited residence permit for at least five years

4) has a limited residence permit for less than five years, but the the marriage existed at the time of said permit being granted and the duration of the foreigner's stay is expected to exceed one year. But the authorities may deny the issuing of the residence title if the person to be joined is or will be reliant on social welfare (section 27 (3) Residence Act). Instead, with regard to this precondition, recognised refugees enjoy a priviledged treatment. According to section 29 (2) of the Residence Act, the requirement of a secure livelihood may be waived if their spouse and children want to immigrate.

 

The joining family member may obtain permanent settlement status after five years, if he or she fulfils the general preconditions. According to section 9 of the Residence Act these are:

1) Five years of employment, including payment of social insurance contributions

2) Secure livelihood

3) Sufficient accommodation for the applicant and his/her family

4) Sufficient knowledge of German

5) Basic knowledge of the German legal and social systems

 

In case of the termination of marital cohabitation the spouse has an independent right of residence in three cases (see Section 31 of the Residence Act): if the marital cohabitation has lawfully existed in Germany for at least two years or the foreign spouse has died while marital cohabitation existed. Lastly, there may be granted an independent right of residence in order to avoid ‘particular hardship’. Such cases of hardship may occur when women, for instance, are forced to leave their husbands after being subjected to domestic violence. On the other hand, the extension of the residence permit may be refused if the spouse is reliant on social welfare for reasons for which he or she is responsible.

 

According to section 32 of the Residence Act, minor, unmarried children of foreign nationals residing in Germany may join their parent(s) subsequently. Children under the age of 16 are priviledged and are granted a residence permit if both parents or the parent possessing the sole right of care and custody possess a residence permit or settlement permit. Minors over the age of 16 have to fulfil further requirements. Section 32 (2) of the Residence Act presupposes that they speak German or that authorities are convinced that they will be able to integrate in Germany.

 

The right of other family members – such as adult children or grandparents – to join their relatives in Germany is limited to the case where this is necessary in order to avoid a “particular hardship”. This can occur if either side (either the one residing in Germany or those abroad) needs to be urgently looked after by the relatives because they are ill or at an advanced age.

 

Whether family members who subsequently join a relative already resident in Germany have a right to work generally depends on whether the relative already living in Germany is entitled to take up employment or not. Consequently, the same rights and restrictions apply to the subsequently immigrated family members (see section  29 (5) of the Residence Act).

 

The series on German immigration law is to be continued. Read our next articles on immigration prerequisites for refugees and on integration efforts in Germany.

 

See our last articles on this subject:

 

Studying in Germany - entry and residency for educational purposes