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Family Reunification in Germany
All information about VISAGUARD services for family reunification in Germany.
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Family reunification in Germany is legally complex and often a lengthy and tedious process in practice. To expedite the procedure, requirements such as proof of family ties, a secure livelihood, and the correct visa must be precisely met. Our VISAGUARD services and experienced lawyers support you in efficiently overcoming bureaucratic hurdles and bringing your family safely to Germany.
Table of Contents
1. Case groups relevant to family reunification
2. Most common obstacles to family reunification
3. Lawyer for family reunification
4. VISAGUARD services for family reunification
5. FAQs and online resources on family reunification
1. Case groups relevant to practice regarding family reunification
These are the most practically relevant cases for lawyers when applying for family reunification:
Approval procedure: Immigration authority refuses to grant approval.
Long waiting list for appointments: At some embassies, it takes several years to get an appointment.
Very long processing times: Embassies and immigration authorities are very slow in processing family visa applications, as they are not given priority in the procedures.
Livelihood: Problems with the requirements for securing livelihood (e.g., probationary period not completed or declaration of commitment not submitted)
Marriage certificate: Marriage and marriage certificate are not recognized in the visa application process due to formal errors.
Divorce: Residency problems when a marriage is dissolved
Application “starved”: If several authorities are involved (e.g., in the approval process), the application may “get lost” if no one feels responsible.
2. Most common obstacles to family reunification
The biggest challenge with family reunification in Germany is often not the law itself, but the administrative process. Numerous authorities and agencies are involved – including immigration offices, German diplomatic missions abroad, registry offices, security authorities, the Federal Office for Foreign Affairs, as well as employers and employees. Even minor errors in the transmission of documents or information can lead to significant delays. Added to this are long processing times, unclear responsibilities, a lack of available appointments, and often limited communication between the authorities involved. As a result, many applications stall, even though the legal requirements are generally met.
Other common obstacles to family reunification include doubts about financial security, the requirement to leave the country again to complete the visa application process, and problems with foreign documents. Marriage certificates and other civil registry documents, in particular, are frequently challenged because formal requirements have not been met or their authenticity and recognition are unclear. Since family reunification applications are often not processed with high priority by the authorities, waiting times of several months or even years are not uncommon. Early legal counsel helps to avoid typical mistakes, manage the process efficiently, and prevent delays as much as possible.
Specialist Articles on the Topic
3. Lawyer for family reunification
Legal representation in family reunification cases is particularly advisable if the application process is delayed for an extended period , appointments with the immigration office or embassy are unavailable, or a rejection is imminent. Problems often arise due to allegedly missing documents, formal errors in foreign documents, or the non-recognition of a marriage contracted abroad. Questions regarding securing one's livelihood are also frequently complex and may require a legally sound calculation or consideration of special circumstances to be assessed differently than initially assumed by the authorities. Legal counsel helps avoid mistakes, expedite the process, and significantly improve the chances of successful family reunification.
4. VISAGUARD services for family reunification
As a law firm, we have extensive experience with family reunification. These are our VISAGUARD services related to family reunification:
Representation before embassies and immigration authorities if there are problems in the procedure.
Communication with the authorities during the approval process to obtain the necessary approval for the family visa.
Legal advice on the requirements for family reunification and how to meet them.
Support with the recognition of marriage (spousal reunification) or parenthood (child reunification and parent reunification)
Action for failure to act if applications for the granting of a residence permit or naturalization of spouses are not processed or are processed too slowly.
Urgent procedures for family reunification (e.g., imminent birth in Germany)
5. FAQ Family Reunification
In your experience, which situations most frequently lead to doubts about the authenticity of the family relationship in cases of family reunification, even though there is actually no sham marriage or sham partnership?
All forms of proxy marriage and online marriage are problematic. Even a short-term acquaintance or a relationship formed solely through online media is difficult. A clear and early explanation of these specific aspects can prevent unnecessary doubts.
What mistakes do you repeatedly observe in the preparation of a family reunification, even though applicants have informed themselves extensively?
The actual amount of financial support required is often underestimated. A family of three with only one breadwinner typically struggles to mathematically demonstrate sufficient means of subsistence. Disputes over child custody can also be very problematic for separated parents.
How can you tell at the beginning of a case that a family reunification procedure is likely to be particularly difficult later on?
A warning sign is usually a partially secure livelihood, a religious marriage, or a marriage in a country with a poor document system (e.g., Nigeria).
What does “family reunification” mean?
Family reunification (“dependent visa”) encompasses any right of residence derived from family ties. Family reunification is therefore not only “reunification” in the sense of a visa application, but also the application for residence rights in Germany. Even the birth of a child in Germany is legally considered family reunification.
What types of family reunification are there?
The Residence Act distinguishes between the following family reunification scenarios:
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Family reunification with Germans
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Family reunification with third-country nationals (i.e., non-EU citizens)
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Family reunification with European citizens
Is there a difference between family reunification for Germans and family reunification for foreigners?
Yes, there are various facilitations for family reunification with German citizens. This applies not only to the legal requirements but also, and especially, to the actual administrative practice. Therefore, family reunification with German citizens is generally much faster than family reunification with foreign nationals.
To whom can family reunification take place?
Within these categories, a further distinction can be made between:
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Family reunification (§§ 28, 30, 31 AufenthG)
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Family reunification of children (§§ 32 - 35 Residence Act)
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Family reunification with parents (§ 36 AufenthG)
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Family reunification with other family members (e.g. siblings and grandparents)
Court rulings on family reunification
The protection of the family pursuant to Article 6 of the Basic Law also applies to foreigners (BVerfGE 76,1 ff, judgment of 12.05.1987).
Every family member can invoke Article 6 of the Basic Law, even if they are not the addressee of the official measure themselves (Federal Constitutional Court decision of 18 July 1979, 1 BvR 650/77).
The granting of a residence permit for family reasons requires the family to live together in Germany (VG Munich, decision of 17.10.2022, M 9 S 21.2766).
The subsequent reduction of the validity period of a residence permit is lawful under Section 7 Paragraph 2 Sentence 2 of the Residence Act if the marital relationship no longer exists (Administrative Court Augsburg (1st Chamber), Judgment of 24.05.2022 – Au 1 K 22.89).
The foreigner has to demonstrate and prove the existence of the marital relationship (Federal Administrative Court judgment of June 22, 2011, 1 C 11.10, , established case law).
An extension of the residence permit for family reunification is not possible if the spouses no longer live in marital cohabitation (VG Munich, decision of 12.04.2021, M 10 S 21.252).
Proxy marriages are permissible if allowed under the respective state law (Federal Court of Justice, decision of 29.09.2021 - XII ZB 309/21).
The fact that spouses live together in the same household is neither necessary nor sufficient to establish a marital relationship (Federal Court of Justice, judgments of June 14, 1978 - IV ZR 164/77 -, NJW 1978, 1810 and of April 27, 2016 - XII ZB 485/14 -, BGHZ 210, 124 para. 13).
A German national may not be required to conduct his marriage abroad (Federal Administrative Court, judgment of 04.09.2012, 10 C 12/12).
A divorce visa can only be issued following a spousal visa. This applies even if, for example, a humanitarian visa has been issued for the purpose of maintaining a marital relationship within Germany (Federal Administrative Court, judgment of September 4, 2007 - 1 C 43.06).
Blog posts about family reunification
What to do if the immigration authorities block family reunification?
Is it really always necessary to "arrive later" when it comes to "spousal reunification"?
Possible changes to health insurance companies are imminent.
Urgent cases: Is a visa possible for foreign fathers to attend the birth of their child in Germany?
Expat and incoming insurance: When do they make sense for foreigners?
Which health insurance is required for a family reunification visa?
Family visa: Health insurance during parental leave - What rules apply?
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Further Information
List of Sources (Paywall)
[1] Oberhäuser in Hofmann, Aliens Law | Residence Act § 28 | 3rd edition 2023
[2] Dienelt in Bergmann/Dienelt | Residence Act § 36a | 15th edition 2025
[4] Eichhorn in Huber/Mantel Residence Act | Residence Act § 29 | 4th edition 2025
[5] Schmahl in Schmahl, Convention on the Rights of the Child | CRC Art. 10 | 2nd edition 2017