Aufenthaltserlaubnis aus familiären Gründen Erteilung für den Nachzug der Eltern zu einem minderjährigen Ausländer

Section 36(1) of the Residence Act

If you want to join your foreign minor child in Germany, you can obtain a residence permit for family reunification.

You can obtain a residence permit as the parent of a minor foreigner if you come from a state outside the EU or the EEA and your child has the nationality of a state outside the EU and the EEA.

In addition, you should want to establish or continue a family partnership with the child in Germany (as a rule, a family partnership exists if you live with the child in a shared apartment).

Furthermore, the child living in Germany should

• a residence permit as a resettlement refugee, recognised person entitled to asylum or refugee or
• a settlement permit for humanitarian reasons, political reasons or reasons of international law

and your presence in Germany is required because no other parent with parental authority is staying in Germany.

The residence permit for parents to join a minor child is a temporary residence title. It is issued for the period of validity of the residence title of the minor child in Germany. If the residence title of your minor child living in Germany is valid for less than one year, your residence permit will also be issued for this shorter period.

Under certain circumstances, the Aliens' Registration Office may oblige you to attend an integration course. This will then be noted on your residence permit.

• Valid passport or passport replacement
• Current biometric photo
• Visa, as far as this was necessary for the entry
• Proof of custody of the child to be joined by the applicant
• Birth certificate of the minor child to whom the reunification is to take place
• Residence title of the minor child in Germany to whom the reunification is to take place
• Current certificate of registration

In individual cases, the Aliens Department may request further documents.

• You have a recognized and valid passport or passport replacement and if required for entry - an appropriate visa.
• Your child has not yet reached the age of 18.
• Your child is staying in Germany without being accompanied by a parent with custody.
• Your child has a residence permit as a resettlement refugee, recognised person entitled to asylum or recognised refugee or a settlement permit on humanitarian, political or international law grounds.
• There is no interest in deportation against you.
• Your stay does not endanger or impair the interests of the Federal Republic of Germany.

Issue of residence permit: EUR 100.00

Under certain conditions, a fee reduction or fee exemption may be considered.

Notes:

• Additional fees may apply for the issuance of the residence permit in the form of the electronic residence title, which can also be used as electronic proof of identity.
• The time and form of charging and payment vary depending on the authority.

The procedure is as follows:

• Depending on the immigration authority and concerns, it may be possible to apply via the Internet. Find out whether your immigration authority offers the electronic application for a residence permit.
• If the application is only possible in person, make an appointment with the Foreigners' Registration Office. During the appointment, your application will be received and your supporting documents will be checked (bring them with you to the appointment). Your fingerprints will be taken for the production of an electronic residence permit (eAT).
• In the event of an electronic application, the Foreigners' Registration Office will contact you upon receipt of your online application in order to make an appointment at the Foreigners' Registration Office if necessary. During the appointment, your certificates will be checked (bring them with you to the appointment) and your fingerprints will be taken for the production of the eAT.
• If your application is granted, the Foreigners' Registration Office will arrange for the eAT.
• After about six to eight weeks, you can pick up the eAT at the Foreigners' Registration Office.
• The eAT must always be picked up in person.
• Fees apply for the issuance of the residence permit. The timing and form of payment vary depending on the authority.

about six to eight weeks.

• The residence permit should be applied for no later than eight weeks before the expiry of your valid visa or current residence permit or – if you are legally staying in Germany without a visa – within 90 days of entry.
• Time limit for bringing an action: 1 month

Portal of the BAMF:

German:

https://www.bamf.de/DE/Themen/MigrationAufenthalt/ZuwandererDrittstaaten/Familie/NachzugZuDrittstaatlern/nachzug-zu-drittstaatlern-node.html

English:

https://www.bamf.de/EN/Themen/MigrationAufenthalt/ZuwandererDrittstaaten/Familie/NachzugZuDrittstaatlern/nachzug-zu-drittstaatlern-node.html

An action may be brought before the competent administrative court against a negative decision of the immigration authority.

A preliminary procedure (opposition) does not take place in Lower Saxony.

Detailed information can be found in the rejection decision.

• Residence permit for family reasons Issued for parents to join a foreign minor
• Parents of third-country nationals who wish to join their foreign minor children in Germany may be granted a residence permit for family reunification in order to establish or maintain family cohabitation if
  • no parent with parental authority is staying in Germany and
  • the child has a residence permit as a resettlement refugee, recognised person entitled to asylum or refugee or
  • has a settlement permit on humanitarian, political or international law grounds.

• The residence permit for parents to join a minor child is a temporary residence title. It is issued for the period of validity of the residence title of the foreign minor child.

• Depending on the aliens' registration office and the issue, the application can be made via the Internet or in person.
• A fee is charged for the issuance of the residence permit. The time and form of payment vary depending on the authority.
• Responsible: the foreigners authority responsible for the applicant's place of residence.

You can also obtain free advice on the topics of entry, residence and employment from the "Hotline Working and Living in Germany" from the Federal Government's portal for skilled workers from abroad.

Telephone: 030 18151111

Service hours: Monday to Friday from 8:00 a.m. to 4:00 p.m.

• Online procedure possible in some cases

• Written form required
• Personal appearance required