Family reunification

Family reunification is a crucial step toward bringing separated family members together and facilitating integration. It is not only a basic human need but is also protected by the Constitution and recognized by international agreements such as the ECHR.

Nevertheless, the process is often complicated and the regulations are complex. Residency status, legal requirements, and political decisions determine who is allowed to join their family and under what conditions. While recognized refugees have easier access, family reunification is severely restricted for beneficiaries of subsidiary protection. Different regulations apply to German citizens and third-country nationals, some of which offer certain advantages.

In this article, attorney Zafer Özkan provides information on family reunification, including when it is available, who is eligible, what language skills are required in certain cases, how the process works, and why it is advisable to seek assistance from an attorney specializing in immigration and residency law.

Why is family reunification important?

When families are torn apart by flight or displacement, this affects the mental well-being of all family members and contributes to the emergence of social problems. The separation from spouses or children places an enormous strain on individuals and usually has a negative impact on the integration of those who have already settled in the new country.

The reunification of spouses, children, or parents with family members living in Germany is therefore a key issue in the field of migration and integration. For many people who have had to leave their home countries for various reasons, the opportunity to be reunited with their family members is of great importance.

Protection of families and family life

The family and its protection are the foundation of our society. This is already evident from the constitutional principles enshrined in Article 6 of the German Basic Law, which places the family and marriage under the special protection of the state. Family reunification is therefore not only a human need, but also a legally recognized principle.

The protection and respect for family life are enshrined in numerous international agreements, such as Article 8 of the European Convention on Human Rights (ECHR) and Article 7 of the Charter of Fundamental Rights of the European Union (CFREU).

Protection for German and foreign families alike

This protection and respect for family life apply not only to German families and family members, but also to domestic partners, spouses, children, and parents of minor children from abroad, regardless of whether they have fled to Germany or are living in Germany for other reasons.

As migration and refugee flows have increased worldwide in recent years, the issue of family reunification has become increasingly important, particularly for refugees. Wars, conflicts, and economic crises are forcing many people to leave their homes.

Who is eligible for family reunification?

Sections 27 through 36a of the Residence Act list various groups of people who are eligible for family reunification. Family reunification with a German citizen is generally possible if the family members in question are, for example, a foreign spouse or civil partner or joint children (Section 28 of the Residence Act). According to Section 29 of the Residence Act, similar provisions apply to foreign nationals (third-country nationals) and their spouses, civil partners, or minor children, although only certain residence permits fall within the scope of Section 29 of the Residence Act.

For refugees, a distinction is made regarding family reunification based on their protection status. While recognized refugees and persons entitled to asylum may, pursuant to Section 29(2) of the Residence Act, have their spouses, partners, or minor children join them in Germany under certain conditions, this is not so straightforward for refugees with subsidiary protection.

Family reunification for beneficiaries of subsidiary protection is repeatedly the subject of political debate and is subject to political decisions. While family reunification for beneficiaries of subsidiary protection was not possible at all for a long time, it is currently (as of early 2025) only possible to a very limited extent. Under Section 36a(2), second sentence, of the Residence Act (AufenthG), 1,000 visas may be issued monthly for family members of beneficiaries of subsidiary protection living in Germany. It remains to be seen whether, following the federal election on February 23, 2025, the new government will still be willing to allow family reunification for beneficiaries of subsidiary protection.

What are the requirements for family reunification?

Family reunification, referred to as “family reunification” in the Residence Act, can take various forms. On the one hand, there are German citizens whose close relatives live abroad. On the other hand, there are people from abroad who have come to Germany on their own and are living here who wish to bring their close family members to Germany to live with them.

A third category consists of refugee families who, for example, were separated while fleeing and now live in different countries far from their homeland. Refugees should also have the opportunity to bring their families to Germany, regardless of their protection status. However, this does not apply to every protection status.

Depending on the residency status or residence permit held by people living in Germany, there are different rules and requirements for family reunification.

General Provisions on Family Reunification (Section 27 of the Residence Act)

Family reunification generally requires that a family relationship exist between the person seeking to join the family and the sponsor living in Germany. As a rule, this must involve spouses, registered partners, or minor children. In the case of minor children, parents living abroad who have custody may also be eligible. Only in exceptional cases may other family members be permitted to join them.

However, these family members are not eligible for family reunification if the marriage or family relationship exists solely to justify entry into or residence in Germany. A classic example of this is a sham marriage entered into for the sole purpose of enabling someone to live in Germany. Even if someone was forced into marriage, family reunification with the supposed spouse is not permitted.

Certain requirements must be met in order to obtain a residence permit for family reunification. These include, among other things, proof of a secure means of support, adequate living space, and—in many cases—basic knowledge of the German language. Language skills are particularly important for spouses joining their partners in order to facilitate integration in Germany. However, different requirements must be met depending on the group of people involved and the applicability of the regulation.

Family reunification for spouses and domestic partners of German citizens and third-country nationals (Sections 28, 30 of the Residence Act)

The legal framework for spouses joining German citizens is relatively lenient (Section 28 of the Residence Act). Spouses and domestic partners of German citizens generally have a right of residence if the marriage is recognized and the couple intends to live together as a family in Germany. Proof of housing and secure means of support is not required. However, basic knowledge of the German language at the A1 level must be demonstrated, unless an exception applies, e.g., if the family reunification is based on special humanitarian grounds or if language acquisition is not possible due to personal circumstances.

The situation is different for the family reunification of spouses with third-country nationals, i.e., individuals who do not hold German citizenship but live in Germany with a residence permit (Section 30 of the Residence Act). In this case, both spouses must be at least 18 years old, and the spouse living in Germany must have a permanent right of residence and sufficient financial resources to support the couple’s livelihood. Here, too, proof of basic knowledge of the German language (A1) is required, unless the spouse is highly qualified or can be exempted from this requirement for other reasons.

A third-country national residing in Germany must hold one of the residence permits listed in Section 30(1), first sentence, No. 3, letters a) through g) of the Residence Act (AufenthG). These include, for example, the settlement permit, the EU long-term residence permit, as well as recognition as a refugee or a residence permit as a person entitled to asylum.

Simplified family reunification for recognized refugees (Section 29(2) of the Residence Act)

Special regulations apply to recognized refugees who have been granted asylum or refugee protection, which facilitate family reunification. Spouses and minor children may join them without having to prove that they have a secure means of support or adequate housing. Language proficiency is also not required. However, an important requirement is that the application for family reunification must be submitted within three months of being recognized as a refugee (Section 29(2), second sentence, of the Residence Act).

More Stringent Conditions for Persons Entitled to Subsidiary Protection (Section 36a of the Residence Act)

Unlike recognized refugees, beneficiaries of subsidiary protection do not have an automatic right to family reunification. Until July 31, 2018, family reunification for beneficiaries of subsidiary protection was completely suspended. After that, a new legal provision was established in Section 36a of the Residence Act.

German law provides for a special provision in this regard: The number of visas for family reunification with beneficiaries of subsidiary protection is limited to 1,000 per month, and reunification is granted only if there are humanitarian grounds. This provision was introduced to limit family reunification with beneficiaries of subsidiary protection, particularly following the high number of asylum applications during the 2015–2016 refugee crisis.

Family Reunification (Sections 28, 32–34 of the Residence Act)

In addition to spouses and domestic partners, children generally have the right to join their parents through family reunification, provided they are minors and unmarried. When joining a German parent, a broad right of residence applies, which is granted without issue in most cases (Section 28(1), Sentence 1, No. 2 of the Residence Act).

The situation is more complicated when a child is joining a third-country national. As a general rule, the child may join the family if at least one parent lives in Germany and the family unit remains intact (Section 32 of the Residence Act). To do so, the parent living in Germany must hold a legally prescribed residence permit (Section 32(1) of the Residence Act). These include, for example, the settlement permit, the EU long-term residence permit, as well as recognition as a refugee or the right to asylum.

For adult children, family reunification is only possible in exceptional cases, such as when there are exceptional hardships, such as serious illness or the need for long-term care.

Parental reunification with a minor child (Parental reunification, Sections 28 and 36 of the Residence Act)

Another option for family reunification exists if minor and unmarried children are living alone in Germany. Whether family reunification is possible depends on various factors. If the child living in Germany is a German citizen (Section 28(1), Sentence 1, No. 3 of the Residence Act), it is relatively easy for the parents to join them from abroad.

If a minor child arrives in Germany, for example, as an unaccompanied minor refugee, special rules apply. If a child is recognized as a refugee or granted asylum, the parents are entitled to family reunification (Section 36(1) of the Residence Act). However, this does not apply to beneficiaries of subsidiary protection, whose family reunification is subject to the legal restrictions of § 36a of the Residence Act. This means that family reunification must be necessary for humanitarian reasons, and only 1,000 visas may be issued per month.

Family reunification for other family members (Section 36 of the Residence Act)

Family reunification primarily protects the nuclear family, consisting of a spouse and children. While partners/spouses and children therefore have a right of residence in many cases, the reunification of other family members, such as grandparents or siblings, is only possible under special circumstances.

According to Section 36 of the Residence Act, the requirement for other family members to join the applicant is the existence of serious humanitarian reasons, e.g., if the applicant is dependent on the support of family members due to a need for care or illness. In addition, the person’s livelihood must be secured without recourse to social benefits.

Additional requirements and possible grounds for exclusion (Sections 27 and 29 of the Residence Act)

In addition to the specific requirements for partners, spouses, children, parents of minor children, and other relatives, there are general conditions that apply to all applicants. These include, in particular, proof of a secure means of support, unless exceptions apply. This means that the person living in Germany must have sufficient income to support the family without relying on social benefits. In addition, there must be sufficient living space for all family members.

In certain cases, a family reunification application may be denied. This applies in particular where there are security concerns, a criminal record on the part of the family member seeking reunification, or doubts about the authenticity of the family relationship (e.g., suspicion of a marriage of convenience).

A complex and constantly changing legal landscape

The legal regulations governing family reunification in Germany are complex and subject to significant changes due to shifting political majorities. While, for example, family reunification for beneficiaries of subsidiary protection was at times (until mid-2018) completely impossible, a low quota system of 1,000 visas per month for relatives of beneficiaries of subsidiary protection was subsequently introduced.

Whether family members can join or be reunited with their immediate family members living in Germany depends primarily on the residence permit or residence status of the person living in Germany. While German citizens and recognized refugees can bring their families to Germany relatively easily, third-country nationals and beneficiaries of subsidiary protection are often subject to strict requirements.

The residence permit or residence status also determines whether family members joining the applicant must demonstrate a certain level of German language proficiency and whether they must provide proof of a secure source of income and adequate housing. In practice, bureaucracy often leads to long wait times and significant hurdles for those affected, which is why many organizations and initiatives are advocating for a more humane approach to family reunification.

For which family members are language skills necessary?

In some cases, knowledge of German is required for family reunification, while in others it is not. The legal situation here is very confusing, as the provisions of Sections 27 through 36a of the Residence Act frequently include exceptions and counter-exceptions, and the references often do not clearly indicate whether language skills are required or not.

Spousal reunification with German citizens and third-country nationals (Sections 28, 30 of the Residence Act)

Two situations in which the ability to communicate in German at a basic level is required are the family reunification of spouses and civil partners with German citizens and with third-country nationals. For third-country nationals, this requirement is regulated in Section 30 of the Residence Act (AufenthG) and is intended to ensure that spouses joining their partners become familiar with the language before entering Germany (Section 30(1), sentence 1, no. 2 AufenthG).

Spouses of German citizens must also, as a general rule, provide proof of A1 language proficiency. This requirement stems from Section 28 of the Residence Act (AufenthG) and is identical to the regulations for third-country nationals (reference in Section 28(1), sentence 5 of the Residence Act to Section 30(1), sentence 1, no. 2 of the Residence Act). The proof of language proficiency is intended to help the accompanying spouse integrate more quickly in Germany.

In certain cases, however, this requirement may be waived. These exceptions apply to third-country nationals and German citizens, as well as their accompanying spouses or civil partners, as provided for in § 30(1), sentence 3 of the Residence Act. The language requirement does not apply, among other things:

• if visa-free entry is permitted (see Section 41(1) or (2) of the Residence Regulation—Switzerland, Australia, Canada, the United States, Israel, South Korea, Japan, New Zealand, Andorra, Honduras, El Salvador, Brazil, Monaco, San Marino)
• if certain residence permits are held
• it is unreasonable to expect the spouse to acquire language skills (e.g., due to a physical, mental, or psychological illness or disability, or for other reasons).
• if the spouse has minimal integration requirements (e.g., holds a bachelor’s or master’s degree or is engaged in a corresponding profession)
• if the family member living in Germany possesses certain professional qualifications and has been granted a residence permit on that basis (EU Blue Card, ICT Card, Mobile ICT Card, or a residence permit under Sections 18a, 18b, 18c(3), 18d, 18f, 19c(1) of the Residence Act for employment, e.g., as a senior employee, manager, scientist, or engineer in the research team of a visiting scholar).

Family Reunification for Children (Section 32 of the Residence Act)

Minor children who join their parents do not need to demonstrate language proficiency. This is provided for in Section 32 of the Residence Act, as children are generally able to integrate quickly by attending schools and preschools. This legal provision ensures that families with children are not separated by language barriers.

Family reunification for recognized refugees and persons granted asylum

Special provisions apply to spouses and children of recognized refugees or persons entitled to asylum. Since these individuals often flee from crisis-stricken areas and live under difficult conditions, it would be unreasonable to expect them to provide proof of language proficiency prior to entry. Therefore, Section 29(2) of the Residence Act provides that these family members are not required to demonstrate knowledge of German. The same applies to the parents of minor refugees recognized in Germany.

Family reunification for beneficiaries of subsidiary protection

A special situation applies to family members of persons entitled to subsidiary protection. This group enjoys protection in Germany but is not officially recognized as refugees. In the past, family reunification for them was severely restricted, but spouses and children can now join them under certain humanitarian conditions. However, this reunification is limited to 1,000 visas per month, which leads to long waiting times. A language proficiency certificate is not required, however, if the reunification is approved (Section 36a of the Residence Act).

How does the family reunification process work?

Family reunification is a complex and often lengthy process that involves numerous legal and bureaucratic steps. The requirements and procedures vary depending on the residency status of the person living in Germany.

Preparation and review of requirements

Before an application for family reunification can be submitted, certain requirements must be met. The first step is to determine who is eligible to join the applicant in Germany. In general, spouses, registered partners, and minor children may come to Germany. In exceptional cases, other relatives may also be allowed to join the family if there are special grounds of hardship.

The person living in Germany must meet certain requirements. These include valid residency status (e.g., a residence permit, settlement permit, or German citizenship) and, in many cases, proof of sufficient financial means (so that the family member joining them does not have to rely on social benefits). In most cases, sufficient living space to accommodate the family must also be demonstrated. In certain specified cases, the family member joining the family must demonstrate knowledge of German (A1 level). However, there are also exceptions to these requirements.

Depending on the country of origin, different documents must be submitted. These include birth and marriage certificates, proof of identity, proof of income, and, if necessary, a language certificate. Many documents must be certified and translated into German, which can further delay the process.

It is advisable to consult a lawyer specializing in immigration and residency law before submitting the application. This lawyer can also prepare the application and assist the applicant and their family members if there are any language barriers.

Submitting an application to a German diplomatic mission abroad

As a general rule, the application for family reunification must be submitted to the German embassy or consulate in the home country of the person seeking to join their family. Due to high demand, there are often long wait times for an appointment.

Family members wishing to join their relatives in Germany must therefore first schedule an appointment at the German diplomatic mission and bring all the documents required for the application to that appointment. Family members are often questioned or interviewed at this time, and biometric data such as fingerprints and a photograph are collected. The documents are then verified for authenticity at the embassy.

Once this process is completed at the embassy, the application is forwarded to the relevant immigration office in Germany, which decides whether to grant the visa. The time from scheduling an appointment at the diplomatic mission to the processing of the application at the embassy can take anywhere from several months to over a year, depending on the country of origin and the specific circumstances of the case. For recognized refugees, the process can often be completed more quickly than for other third-country nationals.

Examination at the Foreigners’ Registration Office in Germany

Once the application has been received in Germany, the competent immigration office reviews the eligibility requirements for family reunification. This involves verifying the specific requirements for each individual case, such as a secure source of income, adequate living space, language proficiency, and the completeness and authenticity of the submitted documents. If documents are missing or there are ambiguities, the authority may request additional evidence or further reviews. This can significantly delay the entire process.

Decision on the application and issuance of the visa

Once the review is complete, the Foreigners’ Registration Office will make a decision on the application. If the family reunification is approved, the family member joining the family will receive a family reunification visa, which is initially valid for three months. During this time, they must enter Germany and apply for a residence permit here.

If the application is denied, the diplomatic mission will issue a written notice of denial. Typical grounds for rejection include missing documents or documents not recognized as genuine, insufficient financial means to cover living expenses or housing costs, as well as doubts regarding the authenticity of the marriage or family relationship.

An appeal or lawsuit may be filed against a denial within one month. Due to the complex requirements for family reunification and the many exceptions and counter-exceptions, you should seek legal advice as early as the application stage and when determining whether family reunification is possible.

Entry and Residence Permit

The family member joining the sponsor may enter Germany only after a visa has been successfully issued. This is not possible without a visa. Within 14 days of entry, the family member must register with the Residents’ Registration Office. Subsequently, a residence permit must be applied for at the Foreigners’ Registration Office; this is typically granted for one year and can be extended later. The visa is neither a residence permit nor a residence title.

What should you do if your family reunification application has been denied?

For many people, family reunification is the most important step toward finally being able to live with their loved ones again. But the path to achieving this is often long, complicated, and fraught with bureaucratic hurdles. Many applications are denied, whether due to missing documents, formal errors, or unclear evidence. In such cases, a lawyer specializing in immigration and residency law can be crucial to securing a positive decision. Attorney Zafer Özkan is a specialist in this field and can help you successfully assert your right to family reunification.

Especially when you’ve been waiting months for a decision, a rejection is a bitter blow. But that doesn’t mean all hope is lost—quite the contrary! With the right legal support, the decision can often still be overturned.

Legal assistance is advisable when applying for family reunification

Attorney Zafer Özkan specializes in immigration and residency law. He has many years of experience assisting with family reunification cases and therefore knows exactly what matters when filing an application, what documentation is required, and how to successfully appeal denials.

Zafer Özkan’s law firm offers comprehensive support in the following areas:

• Personalized guidance on the application process: You will receive an informed assessment of your chances of success and assistance in compiling the necessary documents. By submitting a flawless and compelling application, many rejections can be avoided before they even occur.
• Assistance with Appeals and Lawsuits: If your application is denied, Attorney Özkan and his team will review the denial notice and develop a strategy for a successful appeal or lawsuit. Rejections are often based on insufficient reasoning or formal errors on the part of the authorities—this is where an experienced attorney can take targeted action.
• Representation before government agencies and courts: If necessary, we will assist you in legal proceedings and advocate for your right to family reunification. Especially in contentious cases, legal representation is often the key to success.
• Support throughout the entire process: From the initial application to the final decision, Attorney Özkan will be by your side so that you don’t have to navigate the complicated bureaucracy on your own.

Why legal assistance makes all the difference

If your application for family reunification has been denied or you are unsure whether you meet all the requirements, don’t wait too long. In many cases, there is only a short window of time to file an appeal or a lawsuit. Attorney Zafer Özkan is here to support you with his expertise and help you take the right steps.

Schedule an initial consultation today and get professional assistance. With the right legal support, your dream of family reunification can still come true!

Conclusion

• The Importance of Family Reunification: The separation of families due to flight or migration can have serious psychological and social consequences. Family reunification is not only a human need but also a legally protected principle (Art. 6 of the German Basic Law, Art. 8 of the European Convention on Human Rights) and facilitates integration in Germany.
• Legal Basis and Target Groups: Family reunification is governed by Sections 27–36a of the Residence Act (AufenthG) and depends on the residence status of the person living in Germany. While German citizens, third-country nationals, recognized refugees, and persons entitled to asylum often have easier access, stricter requirements apply to beneficiaries of subsidiary protection, such as limited visa quotas.
• Requirements for family reunification: Depending on the category of applicant, certain requirements must be met, including proof of a family relationship, a secure source of income, adequate living space, and, in many cases, a basic knowledge of the German language. For certain categories of applicants, such as recognized refugees, some of these requirements do not apply.
• Procedure: Family reunification involves several steps: submitting an application to the German embassy in the country of origin, review by the German immigration authorities, a decision on the visa, and finally entry into Germany and issuance of a residence permit. The process can take anywhere from several months to several years.
• Legal assistance with applications and denials: Many applications are rejected due to bureaucratic hurdles, incomplete documentation, or procedural errors. In such cases, a lawyer specializing in immigration and residency law, such as Attorney Zafer Özkan, can help file an appeal or bring a lawsuit before the administrative court to ultimately secure family reunification.