Family reunification of a wife with her husband who holds permanent residence in Germany

Family reunification of a wife with a husband holding permanent residence in Germany

Introduction

Permanent residence (Niederlassungserlaubnis or Daueraufenthalt-EU) gives its holder long-term security in Germany, but it does not automatically mean that the spouse’s reunification will be a purely formal procedure. Family reunification with a permanent resident is governed by a carefully balanced approach that combines the right to family life with the principle of financial self-sufficiency.

1. Legal basis

In this constellation, family reunification is based on Sections 27, 29 and 30 of the German Residence Act (Aufenthaltsgesetz – AufenthG). Section 30 obliges the foreigners’ authority (Ausländerbehörde) to issue a residence permit if three key elements are fulfilled: both spouses are at least eighteen years old, basic German language skills at level A1 are proven, and the husband in Germany holds a Niederlassungserlaubnis or Daueraufenthalt-EU and has sufficient housing and income. (Buzer)

2. Pre-visa requirements

What this means in practice

  • Age: Both spouses have reached the age of eighteen.

  • Documented marriage: An official, legally registered marriage with a certificate that has been duly legalised or certified and translated into German.

  • Language A1: A certificate from Goethe, telc or ÖSD. The wife can be exempted from the language requirement if learning German is impossible for health reasons, or if the husband is, for example, a researcher, holds an EU Blue Card, or has the nationality of a country on the exemption list. (Integrationsbeauftragte | Startseite)

  • Identity: A valid passport for the wife and a certified copy of the husband’s passport.

  • Accommodation: A rental or ownership contract showing “adequate living space” (as a rule of thumb around twelve square metres per adult person).

  • Income: The family’s regular income must cover living expenses and health insurance without the need to rely on Bürgergeld benefits.

Unlike family reunification with a German citizen, securing sufficient income and housing is a binding legal requirement in cases where the sponsor is a permanent resident.

3. Typical documents required by the embassy

  • Completed and signed national visa application form (category D).

  • Valid passport of the wife plus copies.

  • Original marriage certificate, duly certified or legalised and translated into German.

  • A1 certificate or evidence supporting an exemption.

  • Proof of the husband’s residence (Meldebescheinigung plus rental contract or ownership documents).

  • Three recent payslips or a current tax assessment.

  • Travel health insurance valid until the electronic residence card is issued. (Integrationsbeauftragte | Startseite)

The detailed checklist may differ from one mission to another, so it is important to check the website of the responsible German embassy or consulate before booking an appointment.

4. Step-by-step course of the procedure

  • Book an appointment online with the competent German mission in the country of residence.

  • Submit the application file in person; it is forwarded electronically to the local foreigners’ authority (Ausländerbehörde) at the husband’s place of residence.

  • Processing time usually ranges from eight to twenty-four weeks depending on the workload of the mission and the authority.

  • Collection of the national visa for family reunification, usually valid for three months.

  • Register the address (Anmeldung) within fourteen days after arrival in Germany.

  • Attend the appointment at the foreigners’ authority to receive the electronic residence card (eAT); the first validity period is typically one to three years, depending on the federal state.

5. Rights after arrival

  • Access to work: The residence card usually bears the remark “Erwerbstätigkeit gestattet”, which allows the wife to take up employment immediately.

  • Health insurance: Health insurance is compulsory. The wife can be co-insured in the statutory family insurance or take out her own statutory or private health insurance.

  • Integration: The holder of the residence permit can be obliged to attend an integration course if the foreigners’ authority orders it.

  • Schengen travel: The wife may travel within the Schengen area for up to ninety days within a one hundred and eighty day period outside Germany.

6. From temporary residence to permanent residence and then citizenship

  • Permanent settlement permit (Niederlassungserlaubnis) for the wife

    • Required duration of stay: three years of legal residence in Germany while the marital cohabitation continues (Section 9 (2) in conjunction with Section 28 (2) Residence Act).

    • Other conditions: German language skills at level B1, independent or joint securing of the family’s livelihood, and at least thirty-six months of compulsory contributions to the pension system.

  • Naturalisation

    • Required duration of stay: eight years of lawful habitual residence, with a possible reduction to six years in the case of special integration achievements.

    • Other conditions: German at level B1, secure livelihood, no serious criminal convictions, and passing the naturalisation test.

7. Quick comparison with reunification to a German spouse

  • Income and housing:

    • For a German sponsoring spouse, this is not formulated as a strict legal requirement in the same way.

    • For a permanent resident sponsoring spouse, sufficient income and housing are mandatory legal conditions.

  • Language skills before entry (A1):

    • In both constellations, basic German at level A1 is generally required, with comparable exemptions in special situations.

  • Path to permanent residence:

    • In both situations, permanent residence is usually possible after three years, although the financial conditions are stricter if the sponsor is a permanent resident.

  • Legal basis:

    • Reunification with a German spouse: Section 28 Residence Act (AufenthG).

    • Reunification with a third-country national spouse holding permanent residence: Section 30 Residence Act (AufenthG).

8. Refusal and legal remedies

  • File a remonstration with the embassy or consulate within one month, submitting additional documents.

  • Bring an administrative action before the Administrative Court in Berlin within one month after service of the decision on the remonstration.

  • Submit a new application once the shortcomings that led to the refusal have been remedied, for example by providing a rental contract or a language certificate.

9. Frequently asked questions (FAQ)

  • Does the rental contract have to be in the husband’s name?
    A joint rental contract is sufficient, or a written declaration by the landlord confirming that the wife is allowed to live there.

  • What counts as “sufficient income”?
    As a rule of thumb, the net family income should at least roughly correspond to the relevant Bürgergeld standard rates plus the appropriate rent in the region, with taxes and social security contributions taken into account.

  • Is parental allowance (Elterngeld) counted as income?
    Yes, if it is actually paid and the total amount helps to cover living expenses, it can be counted as part of the income.

  • Does the A1 language requirement disappear after arrival?
    In some exceptional cases, family reunification can be granted on the understanding that language learning will take place in Germany, but this depends on a case-by-case discretionary decision by the foreigners’ authority.

  • What happens if the marriage ends before three years have elapsed?
    In certain situations the residence permit can be maintained, for example if the wife has already lived in Germany for at least two years or if there is a common minor child. In such cases she must again prove that she can support herself financially.

Conclusion

Family reunification of a wife with a husband who holds permanent residence in Germany brings together the protection of family life and the obligation to secure one’s own livelihood. With early preparation of the documents, sufficient housing and financial planning, and fulfilment of the language requirement, what initially seems to be a complicated process can become a structured path towards stability, permanent residence and, later on, citizenship. The key is careful planning and close attention to every administrative detail so that the family can be reunited under one roof in Germany.

Sources: BAMF – “Nachzug zu Drittstaatsangehörigen”, 1 March 2024; Section 30 Residence Act (AufenthG) in its consolidated version after the amendment of 25 October 2024; website of the Federal Government Commissioner for Migration, Refugees and Integration, section “Familienzusammenführung”. (Buzer, Integrationsbeauftragte | Startseite)


The editorial team of lak24 strives to provide accurate information based on thorough research and consultation of several sources. Nevertheless, errors cannot be completely ruled out and some details may change over time or turn out not to be fully confirmed. The information in this article should therefore be regarded as a first point of orientation only. For binding and up-to-date information you should always contact the competent authorities or professional advisers directly.


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