Foreigners‘ Law: Spousal Reunion Unlawful with Insecure Livelihood of the Family

Federal Administrative Court, November 16, 2010, Case No.: 1 C 20.09

When applying for spousal reunification to Germany, a distinction must be made between reunification with German citizens (§ 28 Abs. 1 No. 1 Residence Act) and with foreign nationals (§ 30 Residence Act).

If one of the spouses holds German citizenship, Article 6 of the Basic Law (GG) provides special protection to the German citizen. It is generally not to be denied to the German citizen to live with their spouse and family in Germany. Therefore, securing livelihood (§§ 5 Abs. 1 No. 1, 2 Abs. 3 Residence Act) is usually not a prerequisite for spousal reunification with Germans due to the unrestricted residence right of Germans in the country, according to § 28 Abs. 1 S. 3.

Spousal reunification with foreign nationals is governed by § 30 Residence Act. § 30 Residence Act requires that the foreign national holds one of the residence permits listed exhaustively in § 30 Abs. 1 No. 3 letters a to f Residence Act and, in the case of residence permits under § 30 Abs. 1 No. 3 letters d to f, meets the additional requirements specified. Additionally, the livelihood of both spouses and any minor children living with them must generally be secured.
Residence_authorisation_according_to_the_AufenthaltsG
The Federal Administrative Court had to decide a case regarding spousal reunification with a foreign national and the related issue of secured livelihood in the judgment mentioned above.

Facts of the Case:

Turkish man seeks spousal reunification with his wife living in Germany

The plaintiff, a 37-year-old Turkish national, sought a residence permit as a spouse under § 30 Abs. 1 Residence Act. In 2002, the plaintiff married a Turkish woman living in Germany, with whom he had three children. In 2005, he entered Germany with a visa for family reunification.

After the entire family started receiving Hartz IV benefits, the immigration authority refused the residence permit.

After the plaintiff began receiving benefits under the Social Code II (SGB II) for himself, his wife, and their youngest son in September 2006, the defendant (Land Berlin) denied the plaintiff’s application for a residence permit in 2008, stating that the family’s livelihood was not secured. The Administrative Court of Berlin dismissed the lawsuit, while the Higher Administrative Court of Berlin-Brandenburg ordered the defendant to issue a residence permit.

Higher Administrative Court only considered the livelihood of the foreign spouse as relevant

The Higher Administrative Court believed that it was sufficient if the livelihood of the arriving foreign spouse was covered. This was the case here, as the plaintiff’s income was now sufficient for his own needs, even if it was not enough for his wife and minor son.

Federal Administrative Court Ruling:

The Federal Administrative Court rules that all family members must be provided for

The Federal Administrative Court did not follow the view of the plaintiff and the Higher Administrative Court of Berlin-Brandenburg in the above decision. According to the BVerwG, it is not sufficient if the arriving spouse can cover their own needs in isolation but relies on public social benefits for their spouse and children. Spousal reunification generally requires that not only the livelihood of the arriving foreign spouse but also the livelihood of the family unit be covered without resorting to public social benefits. This was not the case here, as the family continued to receive benefits under the SGB II.

Source: Federal Administrative Court

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15 responses

  1. Hello friends,
    I married my husband 6 months ago in Switzerland and my husband has an F (Refugee) card, I am a German citizen and my husband wanted to apply for a residence permit.
    Me and my family receive benefits from the job centre (social welfare).
    Can I bring my husband to Germany without an income and without a job?
    Registration confirmation, we have 4 large living spaces.

    Can anyone help me?

  2. I got married two months ago and would like to bring my husband to Germany. I have German citizenship and am currently doing an apprenticeship.

    Could I do that?

    If yes

    What exactly do I have to do?
    My husband must first apply for a visa for family reunification, the problem is that the question arises as to how her livelihood is secured, should one then write a training allowance or nothing at all. I would be very happy if you could give me an answer, I am at a loss.

    Thanks in advance

  3. Hello,
    I will soon obtain German citizenship and then marry in Turkey. My husband wants to bring me to Germany.

    Do I have to wait 2 years for the licence to apply or can I do it straight away?
    As I understand it, is it also possible if I am a student and my husband can still come?

    I bın grateful for all answers!

  4. Hello,
    i am 22 years old and i have a few questions. 3 weeks ago i got hereriatet in turkey.
    But I have German citizenship myself. My husband is also finishing his German course next month.
    The problem is I still live with my parents and am looking for work, I don't receive Hartz 4 or anything else.
    If I get Hartz 4 while I'm still looking and have found a flat, I would then get my husband here. It's really important for me to get a quick answer... Thanks in advance...

    1. I got married four months ago and would like to bring my husband to Germany. I have German citizenship, a German passport and have been drawing unemployment benefit for two months. At the moment I still live with my family where there is enough space.

      Is there a possibility to bring my husband to Germany so that we can live together?

      Would be very nice if you could answer me

  5. i got married in turkey i was born and grew up in germany i have 1 child and have a turkish passport how do i get my husband from turkey to germany i have been a social worker i currently have a job what is a sufficient wage for the 3 of us ?

  6. Ladies and Gentlemen,

    I am not an EU citizen, have a residence permit and currently receive ALG II. My wife is also not an EU citizen and after completing her Master's degree in Germany, she received an 18-month residence permit to find a qualified job as a foreign university graduate. Unfortunately, she has not found anything yet. Her residence permit expires at the end of March.
    will my residence permit be extended as my wife of honour, even though I receive ALG II?

  7. Hello,
    I got married in turkey on 22.1.15, I have German citizenship and an open-ended employment contract.

    So now my question is how do we have to proceed and what do we have to do so that he can travel to Germany.

    He would already have a job here where he could start immediately.

    We got married in antalya, so Izmir consulate is responsible for antaya region.

    Thank you for your reply.

  8. Hello,
    I found your website through the internet. I am an African (German nationality), two children and married but going through divorce now. After the divorce I would like to marry my fiancée in Africa and bring her to Germany. I work at Daimler and earn about 3700€ gross. My question is: what does family reunification and private insolvency look like?

    I would be very pleased to receive your reply.

    Yours sincerely

  9. Dear Sir or Madam

    I am German, married and have a daughter and am pregnant again. i got married in 2014 and currently live in northern Iraq. I would like to take my daughter to Germany and have submitted an application for her and for my husband. I have visited the German consulate in Erbil for the 3rd time, I have submitted all the requirements and papers but without success, the embassy told me that I can submit the application there on 14 August 2017 and that everything will be done in no time but then they said that my coming was in vain? I am speechless and very very disappointed by the embassy without looking at my documents they sent me home.the long way and all the money all gone.I have my flight back to Germany on 06.09.2017.I can't leave my little daughter and my husband.the grandma so my mother-in-law can't take care of the little one I'm really scared for her what am I doing now.I don't know what to do.I'm desperate.
    I HOPE YOU CAN HELP ME FURTHER I WILL BE SOOO GRATEFUL !
    Yours sincerely

  10. Hello,
    I have seen that questions are being asked here to the website operators, I don't know if you answer them, but I haven't seen any answers. I have a similar question.
    I am German and have a Moroccan wife with whom I have two children, both of whom also have German passports.
    We are currently living abroad, but would like to return, what about my wife, can I bring her over without any problems? If so, what is the easiest way to do this? What would it look like if I were unemployed and what would it look like if I were working or self-employed?
    Can you help me?

  11. I am born in Germany and married for a year from Turkey my visa was refused because there is not 6 months between my work contract and probationary period my work contract is extended for 1 year I have to have a permanent work contract for my wife's visa.

  12. Hello, I am married to a Turk and have a child together. I currently live in Germany as a parent and will soon start my training again. spouse reunification would be refused because I do not have enough income. I have a temporary residence permit. Now my question is, would it work if my husband got a permanent employment contract in Germany and his income covers everything so that family reunification is approved?

  13. Hello I want to bring my boyfriend here and get married here but I get hartz 4 and work part time can I bring him here or do I have to get married with him in Turkey first so that he can come and does he still have to do the language course?

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