Family reunification

The Residence Act also regulates the subsequent immigration of spouses and children from non-EU countries.

The Immigration Act which entered into force on 1 January 2005, left the previously existing legal situation unchanged while taking into account most of the provisions contained in the EU Directive on the Right to Family Reunification. This Directive was fully implemented by the Act to Implement Residence- and Asylum-Related EU-Directives which entered into force on 28 August 2007. Also, the Act to Implement Residence- and Asylum-Related EU Directives introduced important changes concerning the subsequent immigration of spouses with a view to promoting integration and preventing forced marriages. Thus, the subsequent immigration of foreigners wishing to join their German or non-German spouses in Germany now depends on both spouses having a minimum age of 18 years and on the foreigner wishing to join his or her spouse in Germany having at least basic German language skills. In special cases, the law provides that the requirement concerning the minimum age and/or the proof of German language skills may be dispensed with. For details concerning the proof of German language skills, please refer to www.integration-in-deutschland.de.

Children wishing to join their non-German parents in Germany have a legal entitlement to do so until they reach the age of 18; this applies to children of persons entitled to asylum, children of refugees under the Geneva Convention and children entering Germany together with their families or to children with proficiency in the German language or children who are likely to integrate well into German society.

In all other cases, children may immigrate up to their 16th birthday, although limited discretion is possible to take into account the child's well-being and the family situation.

According to Section 29 of the Residence Act, the general conditions for the subsequent immigration of family members are as follows:

• the foreigner whom they wish to join in Germany must hold a settlement permit, an EC-longterm residence permit or a residence permit,
• sufficient living space is available,
• the family member has sufficient means to support him- or herself without recourse to public funds, and
• no grounds for expulsion exist.

Additional conditions must be fulfilled depending on the individual circumstances. Persons entitled to asylum and recognized refugees under the Geneva Convention may be exempted from the requirements to demonstrate sufficient living space and independent means of support, because such persons are unable to live with their families in their home country due to political persecution. Minor unmarried children of German nationals and parents of minor unmarried Germans are entitled to a residence permit without having to prove that they have sufficient living space and means to support themselves. Foreigners wishing to join their German spouse in Germany may, in exceptional cases and under special conditions, be asked to prove that they have sufficient means to support themselves. Family members of foreigners who have been issued a residence permit on certain humanitarian grounds may be permitted to immigrate subsequently only upon consideration of the individual case; furthermore, such family members must qualify for residence permits based on humanitarian grounds or international law. In cases where the residence permit was granted only for a temporary stay or under the statutory regulation governing old cases (Section 104a para. 1 first senctence, Section 104b of the Residence Act) or because deportation is not possible for an extended period of time, the subsequent immigration of dependent family members shall not be permitted (Section 29 para. 3 of the Residence Act).

Relatives other than spouses or unmarried minor children may immigrate subsequently only if necessary to prevent unusual hardship. The EU Directive on the Right to Family Reunification stipulates that an exception from this rule shall apply for the parents of minors who are entitled to asylum or recognized as refugees under the Geneva Convention, if there is not yet a parent having the custody of the child in the federal territory.