Family Reunification with German Citizens (§ 28 AufenthG)

By Attorney-at-Law Dr. Theresa Rath

Family reunification with German citizens (Section 28 Residence Act): residence rights between family protection and individual assessment

Family reunification with German citizens occupies a particular position within German immigration law. Unlike many other residence categories, the primary focus is not economic integration or professional qualification but protection of family life. This does not mean procedures are automatically straightforward. Questions concerning spouses, parent-child relationships or complex family situations frequently extend beyond simply submitting documents.

Family reunification with German citizens concerns more than spousal cases. In practice, three categories are especially relevant:

Each category follows different legal requirements. Conditions that may be permissible in one constellation may not apply in another.

Spousal reunification: marriage, family life and language requirements

Authorities commonly assess not only whether a marriage formally exists but whether genuine marital life is intended. This becomes relevant particularly in international marriages, long periods of separation or inconsistent information.

Not every marriage concluded abroad is automatically accepted without further review. At the same time, authorities must not rely solely on formal assessment. A central question often remains whether the relationship is genuine and intended to be lived in practice.

Language requirements form another recurring issue.

Basic German language skills may generally be required. However, these requirements must not effectively prevent family reunification indefinitely. Exceptions may exist where language acquisition is impossible, unreasonable or would create disproportionate burdens.

Family reunification through German children

Particular importance attaches to residence rights derived from German children.

Authorities frequently examine:

Formal parenthood alone is often insufficient. Authorities may assess whether responsibility is genuinely exercised and how separation would affect the child. Family relationships must not be evaluated purely schematically.

Financial means and accommodation

Unlike certain other residence permits, requirements concerning financial self-sufficiency or accommodation are not always applied in the same way in family reunification with German citizens.

Practical misunderstandings frequently arise here. Conditions commonly expected in other immigration pathways may be assessed differently under Section 28. The specific family constellation remains important.

Delays and refusals

Family reunification procedures may take many months in practice.

Common conflict points include:

Not every delay is legally acceptable. Extended procedures themselves may become relevant where family life is effectively prevented.

Long-term perspectives after family reunification

Residence under Section 28 may create long-term immigration pathways.

Depending on circumstances, later options may include:

The initial residence permit therefore often marks the beginning rather than the end of longer-term immigration planning.

Family reunification is therefore rarely a purely administrative visa process. In many situations, legal classification of family relationships determines which requirements apply and what authorities may legitimately demand.