Subsequent immigration following a foreign family member
I am family member of a foreigner (subsequent family immigration according to § 29 AufenthG).
If you are family member of a foreigner, you can obtain a residence title to establish or preserve family life. Required is that your family member (whom you join) holds a residence title, has sufficient living space and the costs of living are covered.
The residence title of subsequently immigrating family members entitles also to pursue gainful employment (§ 27 V AufenthG).
Also registered civil partners may make use of the possibility of subsequent family immigration, if they fulfil the necessary requirements (§ 27 II AufenthG).
I am a child subsequently immigrating to a foreign family member. In this case, the issuance of my residence permit additionally depends on the following requirements:
The child may not be married, divorced or widowed.
The child may not have reached the age of 18.
If the child has reached the age of 16 without moving his/her centre of life together with his/her parents to Germany, the following additional conditions have to be met: The child has to speak German and his/her education and his/her situation in general seem to guarantee that he/she can adapt to the living conditions in Germany (§ 32 I, II AufenthG). This restriction does not apply if a parent holds
- a Blue Card EU,
- a settlement permit according to § 19 AufenthG or
- a residence title on humanitarian grounds (§ 26 III, § 25 I or II AufenthG).
You want to immigrate to Germany to your foreign spouse.
The issuance of a corresponding residence permit requires that
- both spouses have reached the age of 18 (§ 30 I No1 AufenthG) and
- you as the subsequently immigrating spouse, have basic German language skills (§ 30 I No 2 AufenthG).
I am spouse of a foreign academic student, employee or self-employed person.
Your spouse has been granted a residence permit as student, employee or self-employed person?
You have already been married at that time?
Then you are also entitled to the issuance of a residence permit, if you plan to stay for more than one year in Germany (see § 30 I No 3e AufenthG) and meet the other requirements.
Did you marry after your spouse has been granted the residence permit? Then you may receive a residence permit only,
- if you meet the general requirements and
- your spouse already holds a residence permit for two years.
- Furthermore, an extension of this residence permit or a later issuance of a settlement permit, respectively, may not be excluded (see § 30 I No 3d AufenthG).
If your spouse is self-employed you neither need to be on age nor to prove basic German language skills, if you were already married, when your spouse moved his/her centre of life to Germany (§ 30 I 2 No 1 AufenthG).
I am spouse of a holder of the Blue Card EU, a highly qualified person or a researcher.
If your spouse is holder of the Blue Card EU, you do not have to prove German language skills when subsequently immigrating (§ 30 I 3 No 5 AufenthG).
When you have already been married at the time your spouse moved his/her centre of life to Germany, at subsequent immigration you neither need to be on age nor to prove basic German language skills, if your spouse is a researcher, highly qualified person or holder of the Blue Card EU (§ 30 I 2 No 1 AufenthG).