Immigration Law: The Various Purposes of Residence for Family Reasons

The various purposes of residence for family reasons are outlined in Section 6 of the German Residence Act (Aufenthaltsgesetz) and govern the conditions under which foreign nationals can obtain a residence permit to live with their family members in Germany.

For instance, children or spouses of foreign nationals living in Germany can receive a residence permit for family reasons. This permit allows third-country nationals to join their family members in Germany and generally engage in employment to the same extent as the family member already residing in Germany. This supports their integration into German social and economic life.

Same-sex partnerships, including registered partnerships under the German Civil Partnership Act or foreign partnerships that are similar to German regulations, can also claim rights under Section 6 of the Residence Act. This ensures that same-sex couples can benefit from these regulations in the same way as heterosexual couples.

Furthermore, children and spouses of German citizens, custodial parents of minor unmarried German citizens, and in special hardship cases, other family members can also obtain a residence permit for family reasons. These regulations recognize the protection of the family and the special family ties, which hold a significant place in German law.

Specifically, the Residence Act provides the following options for granting residence to foreign nationals for family reasons:

1. Family reunification with GermansResidence permit for foreign spouses of a German citizen (§ 28 Abs. 1 S. 1 Nr. 1 AufenthG)
2. Family reunification with foreign nationalsResidence permit for foreign minor unmarried children of German citizens (§ 28 Abs. 1 S. 1 Nr. 2 AufenthG)
3. Special cases of hardshipResidence permit for foreign parents of a minor unmarried German citizen to exercise parental custody (§ 28 Abs. 1 S. 1 Nr. 3 AufenthG)

These comprehensive regulations are intended to ensure that the fundamental right to protection of the family is also observed in the area of residence law.

Residence permit for non-custodial parents of a minor unmarried German citizen (§ 28 Abs. 1 S. 4 AufenthG)

Settlement permit after holding a residence permit for 3 years if the family union continues (§ 28 Abs. 2 S. 1 AufenthG)

- Residence permit for foreign unmarried minor children of Germans Section 28 (1) sentence 1 no. 2 AufenthG

- Residence permit for foreign parents of an unmarried German minor to exercise personal care § 28 para. 1 sentence 1 no. 3 AufenthG

- Residence permit for non-custodial parents of an unmarried German minor Section 28 (1) sentence 4 AufenthG

Residence permit for the reunification of other family members with a German citizen (§ 28 Abs. 4 i. V. m. § 36 AufenthG)

Settlement permit after holding a residence permit for 3 years if the family union continues (§ 28 Abs. 2 S. 1 AufenthG)

Residence permit for spouses of foreign nationals (§ 30 Abs. 1 AufenthG)

Residence permit for spouses of foreign nationals to avoid exceptional hardship (§ 30 Abs. 2 AufenthG)

Residence permit for spouses of foreign nationals without secured livelihood (§ 30 Abs. 3 AufenthG)

Residence permit for spouses of a holder of an EU Blue Card (§ 30 Abs. 1 S. 1 Nr. 3g AufenthG)

Settlement permit for independent spousal residence right if the foreign national holds a settlement permit and livelihood is secured (§ 31 Abs. 3 AufenthG)

- Residence permit - extension as an independent right of residence of the spouse § 31 Para. 1 AufenthG

Residence permit for minor unmarried children of foreign nationals who hold a residence permit under § 25 Abs. 1 or 2 or a settlement permit under § 26 Abs. 3 AufenthG (§ 32 Abs. 1 Nr. 1 AufenthG)

- Residence permit - extension as an independent right of residence of the spouse § 31 Para. 4 AufenthG

Residence permit for minor unmarried children of foreign nationals who hold a residence permit, settlement permit, or permanent residence permit (EU) and have moved their primary residence to Germany (§ 32 Abs. 1 AufenthG)

Residence permit for at least 16-year-old minor unmarried children of foreign nationals who hold a residence permit, settlement permit, or permanent residence permit (EU) (§ 32 Abs. 2 AufenthG)

Residence permit for minor unmarried children of foreign nationals under § 32 Abs. 2a S. 1 AufenthG

Residence permit for minor unmarried children to avoid special hardship (§ 32 Abs. 4 AufenthG)

Residence permit for minor unmarried children of an EU Blue Card holder (§ 32 Abs. 1 Nr. 1a AufenthG)

Residence permit for children born in Germany (§ 33 AufenthG)

Residence permit for children born in Germany if a parent holds a residence permit, settlement permit, or permanent residence permit (EU) (§ 33 S. 1 AufenthG)

Residence permit for children born in Germany automatically issued if both parents or the sole custodial parent hold a residence permit, settlement permit, or permanent residence permit (EU) (§ 33 S. 2 AufenthG)

Residence permit as an independent right for children (§ 34 Abs. 2 AufenthG)

Settlement permit for minor foreign nationals (§ 35 AufenthG)

Settlement permit for minor foreign nationals who have held a residence permit for family reasons for 5 years upon reaching the age of 16 (§ 35 Abs. 1 S. 1 AufenthG)

- Settlement permit for underage foreigners § 35 AufenthG

Settlement permit for minor foreign nationals who have held a residence permit for family reasons for 5 years upon reaching the age of 18 (§ 35 Abs. 1 S. 2 AufenthG)

Residence permit for parents of minor foreign nationals (§ 36 Abs. 1 AufenthG)

Residence permit for other family members of foreign nationals to avoid exceptional hardship (§ 36 Abs. 2 AufenthG)

These comprehensive regulations ensure that the fundamental right to family protection is upheld within the scope of immigration law.

Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.

If you need legal advice, feel free to call us at 0221 – 80187670 or email us at info@mth-partner.de.

Lawyers in Cologne advise and represent you in immigration law.