By Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht) (Rechtsanwaltskammer Düsseldorf)
Did you get married abroad and would you like to bring your partner to Germany? Which rules apply depends on the citizenship of the family member living in Germany.
Different legal provisions apply here, depending on the citizenship of the family member living in Germany. Reunification with a German national is governed by § 28 AufenthG (Residence Act) and is subject to more favorable rules. For reunification with an EU citizen, the right of free movement applies. Where a family member joins a third-country national, the stricter requirements of §§ 27 ff. AufenthG apply.
Where the spouse joins a third-country national or a German national, spousal reunification in principle requires that the joining spouse can demonstrate German language skills at the A1 level. Depending on the residence title (Aufenthaltstitel) held by the spouse living here, this language requirement may be waived. The law provides for further exceptions. We are happy to examine in a consultation whether such an exemption may be considered in your specific case.
Where the spouse joins a third-country national or a German national, the Residence Act further requires in principle that both spouses have reached the age of 18, which includes the spouse already living here (§ 30 Abs. 1 Satz 1 Nr. 1 AufenthG, for the German spouse through § 28 Abs. 1 Satz 5 AufenthG). Where the spouse joins a third-country national, the spouse living here must also hold one of the residence titles named in the law. In order to avoid particular hardship, the residence permit (Aufenthaltserlaubnis) may be granted in both cases in derogation from the minimum age. There is no entitlement to this derogation. What counts as particular hardship depends on the circumstances of the individual case.
Spousal reunification with a German national requires that the German national has their habitual residence in the federal territory. Particularly where the couple has so far been living together abroad and is planning to return to Germany, the question of habitual residence should be considered at an early stage. If the family unit with the German national continues to exist in the federal territory, the family member who has joined is as a rule granted a settlement permit (Niederlassungserlaubnis) after three years of holding a residence permit, provided that the other statutory requirements are also met. We are glad to advise you in this context as well.
Depending on the country of origin, family reunification can take a longer time. Families therefore often decide that one spouse first takes up economic activity and the other joins later. In an individual case, this approach can be disadvantageous compared with applying as a family straight away.
Where family members join third-country nationals or German nationals, the path in principle begins with the national visa. It is required for a longer-term stay and is issued before entry. A considerable part of the overall duration is often taken up by the visa procedure at the Auslandsvertretung (German diplomatic mission abroad). We describe the individual steps on our page on the visa in the section “From visa to residence title.”
For that reason, legal advice should be sought before a move to Germany is even planned, so that the right steps are taken at an early stage.
A standalone application for family reunification as a rule takes considerably longer. If the foreign national files their own application, for example for the EU Blue Card, together with the applications of their family from the outset, the applications are decided together and the procedure is faster.
Different rules apply where children join foreign parents. Child reunification in principle becomes more complicated once the child has reached the age of 16 and does not move their center of life to Germany together with the parents. Stricter requirements then have to be met.
For the minor unmarried child of a foreign national, the law requires that both parents or the parent possessing the sole right of care and custody hold one of the residence titles named in the law. In the case of joint custody, the residence permit should also be granted for the child to join only one parent with custody if the other parent has declared their consent to the child’s residence in the federal territory or if a corresponding legally binding decision by a competent body exists. In practice, reunification with only one parent often fails because the consent of the other parent is missing. In all other cases, a residence permit may be granted to the minor unmarried child of a foreign national if this is necessary, on account of the circumstances of the individual case, in order to avoid particular hardship. We are glad to clarify in a consultation which of these provisions applies to your family.
As a general rule yes, if the marriage was concluded in due form under the law of the state in which the marriage was concluded and both spouses were permitted to marry under their respective national law. For this purpose the authorities require documents, often with legalization or an apostille.
The residence permit issued for family reunification as a rule entitles the holder to take up work immediately. We are glad to examine whether a separate permission to take up economic activity is required in the individual case. In general it is advisable to review the spouse’s residence status separately. In some circumstances a different residence title may be considered for them, which can, for example, open up faster access to the settlement permit. We examine this separately in the individual case.
In the event of the termination of marital cohabitation, § 31 AufenthG provides for an independent right of residence that is separate from the purpose of family reunification. Among other cases, the spouse’s residence permit is extended by one year if the marital cohabitation has lawfully existed in the federal territory for at least three years and the other statutory requirements are met. The law also contains grounds for exclusion and derogations from the three-year period. We are glad to advise you on this.
Last updated: September 8, 2026. Professionally responsible: Gülay Tasli, specialist lawyer for migration law and social law (Fachanwältin für Migrationsrecht und Sozialrecht).
