German Immigration Law: The different family reasons to get a residence title to reside in Germany.

The provisions regarding the entry of foreigners into Germany for family reasons are laid down in Chapter 6 of the German Immigration Act.

Children or spouses of foreigners living in Germany are eligible to apply for either a temporary residence title (Temporary Residence permit) or a permanent residence title (Niederlassungserlaubnis) if the conditions are met.

If the foreigner gets the residence title because of family reasons he is not only entitled to move and reside in Germany, he is generally also entitled to work there.

Not only spouses of foreigners living in Germany or of Germans are entitled to get a residence title. Members of a civil partnership (gay marriage) are also entitled to get a residence title, if the foreign civil partnership is comparable to the German civil partnership (Eingetragene Lebenspartnershaft) and the conditions of the specific residence title are met.

Not only family members or spouses of foreigners living in Germany are eligible to get a residence title for family reasons. Of course also foreign family members or spouses of Germans are eligible to get a residence title (German Visa, German temporary residence permit or the German permanent residence permit).

German_Residence_Titles

Please find below a list of the family reasons to get a residence title in Germany according to the German Immigration Act:

– Temporary Residence permit for foreign spouses of German nationals according to section 28 para 1 sentence 1 no. 1 German Immigration Act.

– Temporary Residence permit for foreign minor children of German nationals according to section 28 para 1 sentence 1 no. 2 German Immigration Act

– Temporary Residence permit for foreign parents of a German national child who are entitled to the custody and care of the child according to section 28 para 1 sentence 1 no. 3 German Immigration Act

– Temporary Residence permit for foreign parents of a German national child who are not entitled to the custody and care of the child according to section 28 para 1 sentence 4 German Immigration Act

– Temporary Residence permit for other family members of German nationals according to section 28 para 4 German Immigration Act

– Permanent residence permit for foreigners having a German temporary residence permit if the family cohabitation persists at least three years according to section 28 para 2 sentence 1 German Immigration Act.

– Temporary Residence permit for the reunion of foreign national with his foreign spouse already living in Germany according to section 30 para 1 German Immigration Act

– Temporary Residence permit for the reunion of foreign national with his foreign spouse already living in Germany according to section 30 para 2 German Immigration Act

– Temporary Residence permit for the reunion of foreign national with his foreign spouse already living in Germany according to section 30 para 3 German Immigration Act

– Temporary Residence permit for the reunion of a foreign national with his foreign spouse holding an EU Blue Card in Germany according to section 30 para 1 sentence 1 no. 3g German Immigration Act

– Temporary Residence permit for a foreigner living in Germany after separation from his spouse according to section 31 para 1, 2, 4 German Immigration Act

– Temporary Residence permit for a foreigner living in Germany after separation from his spouse according to section 31 Abs. 1 German Immigration Act

– Temporary Residence permit for a foreigner living in Germany after separation from his spouse according to section 31 Abs. 2 German Immigration Act

– Temporary Residence permit for a foreigner living in Germany after separation from his spouse according to section 31 Abs. 4 German Immigration Act

– Permanent residence permit for a foreigner living in Germany after separation from his spouse, if the foreigner already hold a permanent residence permit according to section 31 para 3 German Immigration Act

– Temporary Residence permit for minor children of foreigners, which are holding either a Temporary Residence permit according to section 25 para 1 or 2 or a permanent residence permit according to section 26 para 3 German Immigration Act according to section 32 para 1 no. 1 German Immigration Act

– Temporary Residence permit for minor children of foreigners, which are holding either a Temporary Residence permit or a permanent residence permit or a permit for long-term residence status (EC) and have centered their life in Germany according to section 32 para 1 no. 2 German Immigration Act

– Temporary Residence permit for at least 16 year old minor children of foreigners, which are holding either a Temporary Residence permit or a permanent residence permit or a permit for long-term residence status (EC) according to section 32 para 2 German Immigration Act

– Temporary Residence permit for minor children of foreigners holding a temporary Residence permit according to section 38 a according to section 32 para 2a sentence 1 German Immigration Act

– Temporary Residence permit for minor children (not older than 16) of foreigners, which are holding either a Temporary Residence permit or a permanent residence permit or a permit for long-term residence status (EC) according to section 32 para 3 German Immigration Act

– Temporary Residence permit for minor children in hardship cases according to section 32 para 4 German Immigration Act.

– Temporary Residence permit for minor children of a foreigner holding a Blue Card according to 32 para 1 no. 1a German Immigration Act

– Temporary Residence permit for children born in Germany according to § 33 German Immigration Act

– Temporary Residence permit for children born in Germany if one of the parents is holding either a Temporary Residence permit or a permanent residence permit or a permit for long-term residence status (EC) according to section 33 sentence 1 German Immigration Act.

– Temporary Residence permit for children born in Germany if one of the parents is holding either a Temporary Residence permit or a permanent residence permit or a permit for long-term residence status (EC) according to section § 33 sentence 2 German Immigration Act

– Temporary Residence permit for children after separation from their parents according to section 34 para 2 German Immigration Act.

– Permanent residence permit for foreign minor children according to section 35 German Immigration Act

– Permanent residence permit for foreign minor children holding a temporary residence permit for family reasons for 5 years at the time they become 16 years old according to section 35 para 1 sentence 1 German Immigration Act

– Permanent residence permit for foreign minor children holding a temporary residence permit for family reasons for 5 years at the time they become 18 years old according to 35 para 1 sentence 2 German Immigration Act

– Temporary Residence permit for the parents of foreign minor children according to section 36 para 1 German Immigration Act

– Temporary Residence permit for other family members of foreigners in hardship cases according to section 36 para 2 German Immigration Act.

Important Note: This article has been prepared by mth Tieben & Partner for general information purposes only. Mth Tieben & Partner does not accept any liability to any person or organisation for the use or reliance of the information contained in this article. On any specific matter, kindly contact us by dialing 0221 – 80187670 or sending us an email to info@mth-partner.de

Lawyers in Cologne provide legal advice on German immigration law.

 

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6 Comments

  1. mohsen gharib

    hello
    my father is a German citizen he married my mother in 1986 , i am 24 years old but i live with my mother in Egypt and my father live in Germany. now my father is very old man (74 ) years old and i want to live with him to take care of him . he can not come to Egypt because his illness and if i want to see him the visa process takes about 3 months . as the basic law article 6 i have the right to live with my father >>> can i take a residence permit for this reason ?

  2. Caroline seinsche

    Hello if I will not want to stay any more with my husband and I am not EU and I have been in Germany for one year l have B1 and now I am doing B2 what will happen? Will I be aloweallowed to stay?

  3. I am a African lady with a german child. I had 2 kids in Finland before I had the german child In berlin. I got my stay as a mother of a german Child while I was still Living with my child father. Now the immigration refuse to give my other 2 kids that were born in Finland permit to stay in Germany. Reason
    That the german child father must confirm that he want his child to continue living in Germany because we are not together any more.
    Or I have to move back to Finland with all three kids
    We have 50 50 % right over child
    Child father does not want to show up in immigration because I ended the relationship
    I need advice

  4. Kodjoe

    Hello, Am a long term residents permit holder from Italy, and now in Germany holding German Duldung permit. I have found a permanent job of which I have been granted that I can participate in in the Germans labour market. But all of a sudden a letter reach me from immigration authorities that I leave their country within 30 days. Of I don’t understand why?

  5. Aysha

    Please can you tell me what are the rules in Germany if someone in Germany wants to call his mother to live with him but he has not enough fund in his account but someone else can fund the mother. Does germany give recidence permit to the mother.Please reply soon.

  6. Paulino

    Good morning sir, Please I need urgent attention and advice on this issues.. Me and my wife have permanent Spanish residence permits and we have three kids who are born in Spain and have Spanish passports and citizenship. And my last little baby girl was born here in Germany three months ago.. I applied for German residence permit and working permit and the Solingen foreign office rejected my application and told us to go back to Spain. I have worked for six months before they stopped my work.. As the case is now we have no help financially and I have hause rents to pay.. My kids are already schooling here.. Please I need your advice on what to do.. Though I already appealed the decision and the matter is before the administrative court in Düsseldorf. If need be I would want an appointment to come personally to see you in your office to show all documents. Thanks

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