Subsequent inclusion of relatives (Familiennachzug)
Those Persons, who wish to bring family members to Germany...,
family members who are allowed to be included are the spouse, and children under 16, as long as they themselves are not married. Whether they are really allowed to enter Germany depends on the general preconditions and on the residence status of the individual seeking to obtain entry for his/her family.
Germans may only bring their non German family members into Germany (spouse, and unmarried children under 16 years of age), if they have fulfilled the general preconditions (that is, sufficient income, have access to an apartment of sufficient size).
The families of persons with rights to asylum may still receive the right to reside, even if the general preconditions are not fulfilled. That is; if not enough income and insufficient living space is available. Many aliens' authorities nevertheless demand proof of sufficient income and sufficient living space. If the family is no longer able to live together due to persecution in the country of residence, then permission must be granted for the rest of the family to enter.
All persons who have a right of residence, have a right to bring their spouses and their unmarried children under 16 years of age to live with them. Naturally only if the general preconditions are fulfilled, that is; sufficient income, and access to an apartment of sufficient size.
All persons who have a residence permit, have a right to bring their spouses into Germany, if they have married before they came to Germany, and if they have declared in the initial application that they are married. Naturally, only if the general preconditions are fulfilled, that is; sufficient income, and access to an apartment of sufficient size.
Such a person is allowed to apply for residence permission for his/her spouse, if they have lived together legally in Germany for a total of eight years and are over eighteen years of age. If the couple already have a child or are about to become parents (if the wife is pregnant), then five years of legal residence in Germany is sufficient. Naturally only if the general preconditions are fulfilled, that is; sufficient income, and access to an apartment of sufficient size.
Those Persons who have received 'residence allocation' (because obstacles to deportation exist), are permitted to apply for residence permission for their spouses. Naturally only if the general preconditions are fulfilled, that is; sufficient income, and access to an apartment of sufficient size.
If the spouse or the children are to be included in further applications for residence for family members they must apply for a visa at the German embassy in their country of origin. The German embassy enquires at the relevant aliens authority in Germany if this is to be granted. The German embassy may refuse a visa without grounds for the refusal. It is possible in such a case to submit a complaint to the administrative tribunal (Verwaltungsgericht) in Cologne. However, even this may not produce the desired result.
non EU citizens usually require a visa in order to be allowed to enter Germany. They must apply for a visa at the German embassy in their country of origin. Now, an extra visa is also required for children. A tourist visa is valid for a maximum of three months only.
German representative agencies abroad require the intended visitor to Germany to prove that (s)he does not intend to remain in Germany. According to federal German policy the following criteria must be fulfilled: A valid contract of employment in the country of origin, proof of payment of social insurance contributions, sufficient financial means, a sufficiently large family, a family elder that can assure that a woman visitor does not intend to marry or require continual medical/social care. Grounds for rejection of an application for a visitor's visa need not be given.
Germans or resident aliens in Germany intending to invite visitors who are citizens of non EU states, must undersign a declaration of responsibility, in which they assure their ability to meet the costs of daily upkeep, lodging, and possible medical costs of the guest. For each person invited to Germany an extra declaration of responsibility must be undersigned and submitted to the relevant aliens authority. One must also assure the authorities that one's income is sufficient, and just how much income is considered sufficient in order to be allowed to invite a guest, varies considerably from city to city in Germany. It is advisable to enquire at the nearest authority.
Since quite recently children whose citizenship is of a non EU state also require a visa for entry into Germany. This applies most of all to children who wish to receive asylum in Germany and have fled without their parents, as well as children who, at a later date are to join their parents who have already fled. Also children who reside in Germany and only intend to spend a holiday in another country are affected by this regulation.
Children already living in Germany whose citizenship is of a non EU state now also require a residence permit. Prerequisites for a residence permit are legal residence in Germany and residence permission already attained by at least one parent.
© unlimited - Stadtratte, 99-07-22 - www.nadir.org/nadir/initiativ/migration/