for Family Reunion
According to Art. 6 of the German constitution, the Government has to respect the right of marriage and family. From this derrives a right of the family member to immigrate, if it is not possible or reasonable to conduct the marriage in a foreign country. The requirements depend on the status of the referring relative which communicates the residency and depends on the purpose of their stay.
The term “family member” refers to spouses and children under the age of 18 years. Other family members only can immigrate, if it is necessary to avoid a particular hardship.
Spouses generally have the right to immigrate, if the other spouse has a legal residence, does not need social welfare and can provide for enough housing space. For spouses of a German citizen these requirements are not obligatory. Foreign spouses have to proof basic german language skills of level “A1” with a certificat of “Goethe Institut”.
A foreigners child, unmarried and below the age of 16 of a has the right to immigrate, if either both parents or the parent possessing custody posses a residence permit.
If only one of the parents posses a residence permit, the immigration can be allowed. In practice the decision is geared towards the well being of the child. The decision is made referring the circumstances in the homeland and the chances of integration. The economic situation is not the most important fact.
Children of German citizens living abroad basically have the right to immigrate as long as they are under age.
Our Specialist (Fachanwalt) in Immigration Law is Sven Hasse.
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