Applying for an extension of the residence permit for the reunification of other family members with a German citizen
Source: Zuständigkeitsfinder Schleswig-Holstein (Linie6Plus)
Service Description
If you belong to the group of other family members of a German and your stay in Germany is still necessary to avoid exceptional hardship, you can apply for an extension of your residence permit for family reunification.
If you wish to continue to reside in Germany as a third-country national family member of a German in order to avoid exceptional hardship, you must apply for an extension of your residence permit in good time before it expires.
For the extension of the residence permit, the same requirements must be fulfilled and the same documents must be presented as for the initial issuance of the residence permit
The residence permit is a temporary residence title and is usually extended for at least one year.
Teaser
If you belong to the group of other family members of a German and your stay in Germany is still necessary to avoid exceptional hardship, you can apply for an extension of your residence permit for family reunification.
Process flow
- Find out whether your foreigners authority allows you to submit the application online or provides a special application form.
- If you have not yet reached the age of 18, you may not submit the application yourself, but require a representative (as a rule, the application is submitted by the custodial parent).
- If the application can only be submitted in person, make an appointment at the Aliens' Registration Office. In the case of online application, the Aliens' Registration Office will contact you after receiving your application to arrange an appointment.
- If you are under the age of 18, you must be accompanied by at least one representative at the personal appointment. If the custodial parent cannot appear in person, a written power of attorney for the application must be provided.
- During the appointment, your identity and documents will be verified (please bring your documents, originals if possible, to the appointment).
- If your application is granted, your fingerprints will be taken for the production of the residence permit in the form of a new electronic residence title (eAT card).
- The Foreigners' Registration Office will order the production of the eAT card from the Bundesdruckerei. After completion, you will receive information and can pick up the eAT card at the responsible office. The eAT card must always be collected in person.
- If your application is rejected, you will receive a rejection notice.
Competent authority
The foreigners authority responsible for the applicant's place of residence is responsible for processing the application.
Requirements
In principle, the same requirements must be met for the extension of the residence permit as for the initial issuance of the residence permit. That is:
- You have the citizenship of a state outside the EU or the EEA.
- The person you are joining has German citizenship and usually resides in Germany.
- You still belong to the group of other family members of a German, i.e. you are neither his spouse nor a minor unmarried child. Other family members include, for example, adult unmarried children, siblings, parents, parents-in-law, grandparents, uncles, aunts, nephews, nieces, sisters-in-law and brothers-in-law, foster children. Fathers of natural German children who are not married to the mother are also eligible.
- Furthermore, there is a special case of hardship, for example, because your German family member is dependent on your help due to illness, disability or need for care.
Please note: Unfavorable conditions in your home country do not constitute a case of hardship. - Your subsequent immigration still serves the purpose of establishing a family community with the German (e.g. shared apartment). In the case of a spatial separation only due to work and education or a support or care community due to accommodation in a care facility, a family life community can also be affirmed if you maintain regular contact with the German, which goes beyond a mere visit.
- You can continue to secure your livelihood and health insurance coverage without claiming public benefits.
Please note: In the case of family members who are minors, this requirement does not have to be met. - There is no interest in deportation against you.
- Your stay does not endanger or impair the interests of the Federal Republic of Germany
Which documents are required?
- Recognized and valid identity document (for example passport or passport substitute)
- Current biometric photo in passport format (45 x 35 mm)
- Proof of livelihood (for example, from own assets, payment of a security deposit into a blocked account, bank guarantee, letter of commitment)
- Proof of health insurance coverage (for example, confirmation of health insurance coverage or insurance policy).
- For minors: Consent of all persons entitled to custody to the planned stay (declaration of consent); if the parents entitled to custody cannot submit the application jointly for their child, a written power of attorney of the absent parent is required; if only one parent is entitled to custody, the signature of this parent is sufficient.
The documents and information must always be submitted in German. In individual cases, the Aliens Department may require less or further proof.
If necessary, you will have to provide the Aliens' Registration Office with further proof of the family relationship as well as a justification of the exceptional case of hardship.
What are the fees?
- 96,00 Euro for a further stay of up to three months for applicants of full age
- 48,00 Euro for a further stay of up to three months for underage applicants
- 93,00 Euro for a further stay of more than three months for applicants of full age
- 46,50 Euro for a further stay of more than three months for applicants who are minors.
Remark:
Additional fees may apply for the issuance of a new residence permit in the form of the electronic residence permit (eAT card), which can also be used as electronic proof of identity.
The timing as well as the form of fee collection and payment vary depending on the authority.
In certain cases, fee reductions or exemptions may be considered (for example, for persons entitled to asylum or recognized refugees). Lower fees may apply for Turkish nationals.
What deadlines do I have to pay attention to?
Application deadline:
6 weeks to 8 weeks
Remark (for more information about the deadline):
The extension of the residence permit must be applied for before the validity of the current residence permit expires. At the latest six to eight weeks before the residence permit expires, the application should be received by the Aliens' Registration Office.
Note (for more information on the deadline):
In case of extension, the residence permit is issued for at least one year.
Processing duration
(for span): approx. 6 week to 8 weeks.
Note for further information on processing time:
The processing time may vary depending on the workload of the Foreigners' Registration Office.
It takes about 4 to 6 weeks for the Bundesdruckerei to produce the electronic residence permit.
Legal basis
Appeal
- Appeal against the decision of the foreigners authority within one month of notification
- Action before the court named in the notice of appeal if the appeal is not granted
Applications / forms
Forms available: No
Written form required: No
Informal application possible: Yes
Personal appearance required: Yes
What else should I know?
- When extending the residence permit, the foreigners authority may waive the requirement of "securing subsistence" in the case of family members of full age.
- The residence permit entitles the holder to pursue gainful employment.
- They are not entitled to an extension of the residence permit. The foreigners authority has a discretion (a margin of judgment) whether to grant family reunification.
- The procedure at the Foreigners Authority is usually conducted in German.
- All information given to the Aliens' Registration Office should be correct and complete to the best of your knowledge and belief, so that the request can be processed without major delays.
- Incorrect or incomplete information can slow down the procedure and be disadvantageous for the person concerned. In a serious case, incorrect or incomplete information that is not completed or corrected in time vis-à-vis the Aliens Department may result in the revocation of residence rights already granted, a fine, a prison sentence of up to three years, or expulsion from the Federal territory.
- Due to the complexity of the right of residence, this description is for information purposes only and is not legally binding.
- Informationen zum Familiennachzug auf der Webseite der Beauftragten der Bundesregierung für Migration, Flüchtlinge und Integration
- Broschüre des Bundesamts für Migration und Flüchtlinge (BAMF) und des Europäischen Migrationsnetzwerk (EMN) über den Familiennachzug von Drittstaatsangehörigen nach Deutschland
Author
The text was automatically translated based on the German content.
Technically approved by
Ministry of the Interior and for Municipal Affairs of the State of Brandenburg
Professionally released on
17.01.2023