Under what conditions can minor children come?
The age up to which children are allowed to come to Germany to join their parents has not been lowered. Proposals for change, under which the arrival of children was to be permitted only up to the age of 12, were not adopted.
Children of persons entitled to political asylum and children of refugees who, under the Geneva Convention on Refugees, have a permanent residence permit or a residence title have the right to come within the framework of family reunification up to the age of 18. A residence permit may be issued to these groups of persons even if they lack means of subsistence and adequate living space.
Minor and unmarried children who have not yet reached the age of 16 are entitled to a residence permit if both parents or the parent with sole custody hold a residence permit or a permanent residence title. If the child is already 16 years old but has not yet reached the age of 18, he or she also has this right if one of the following conditions is met:
a) the child moves his or her permanent place of residence to Germany together with the parents;
b) the child has a command of the German language;
c) it is ensured that the child is able to adapt to local living conditions on account of the education he or she has received and his or her living conditions.
Apart from cases in which there is a legal entitlement, the visa and foreigners' registration office may permit the arrival of minor children within the framework of family reunification if this is necessary in the individual case to prevent the occurrence of particularly severe hardship. The child's well-being and family situation must be taken into account.
Children born in Germany are entitled to obtain a residence permit through the administrative procedure if the mother holds a residence permit or a permanent residence title.
Under what conditions do reunited family members obtain an independent right of residence?
In accordance with the law 'On the Residence of Foreign Persons', spouses acquire an independent right of residence upon dissolution of the marital community if:
a) the marital community lawfully existed in Germany for at least two years,
b) in the event of the death of the other spouse during the existence of the marital community in Germany;
c) the marital community did not lawfully exist in Germany for at least two years, but it is necessary to ensure the spouse the possibility of further residence in order to prevent particularly severe hardship;
d) the other spouse, at the time the above-mentioned condition occurred, held a residence permit or a permanent residence title.
In these cases, the spouse, regardless of his or her financial circumstances, has the right to an extension of the residence permit for one year. Subsequent extensions may be made dependent on the availability of means of subsistence.
Registered partners may also claim an independent right of residence if the same conditions are met. The rule concerning particularly severe hardship previously applied only to marital communities.
A residence permit obtained under an independent right of residence entitles the holder to take up employment.
Your child will obtain an independent right of residence in the form of a permanent residence title if, by his or her 16th birthday, he or she has held a residence permit for five years. A child who has joined you within the framework of family reunification will also be issued a permanent residence title:
a) if he or she has reached the age of majority and has held a residence permit for five years;
b) has sufficient command of the German language;
c) adequate means of subsistence are secured.
The last condition is disregarded if the child is undergoing education that ends with the award of a diploma.
9. Right to return to Germany.
For young foreigners
If you, as a minor, had your permanent place of residence in Germany, then - as previously under the law 'On the Status of Foreign Citizens' - you are entitled to obtain a residence permit if you:
a) before leaving the country, you permanently resided in Germany for eight years and attended school here for six years;
b) your means of subsistence are secured through your own gainful employment or a maintenance obligation assumed by a person living in Germany for a period of five years;
c) you have submitted the application after reaching the age of 15 but before reaching the age of 21, and also before the expiry of five years from your departure from the country.
The visa and foreigners' registration office may refuse to issue a residence permit if you were expelled from the country or could have been expelled at the time you left Germany. This also applies if there is ground for your expulsion from the country or if you have not reached the age of majority and your care in Germany is not ensured.
If you do not meet the requirements regarding the duration of previous residence or you have missed the application deadline, you may be allowed to return to the country at the discretion of the administrative authorities to prevent particularly severe hardship. The statutory minimum periods of previous residence and school attendance in Germany may be disregarded if you have obtained a recognized school-leaving certificate in the Federal Republic of Germany. The residence permit entitles you to work.
For pensioners
As a rule, you are permitted to return to Germany and will be issued a residence permit if, before leaving the country, you were lawfully in the Federal Republic of Germany for at least eight years and receive from one of Germany's insurance institutions a pension that secures your means of subsistence.
10. Residence status after loss of German citizenship.
The conditions for loss of German citizenship are regulated in the Citizenship Act (Staatsangehorigkeitsgesetz). This occurs, for example, if you have dual citizenship and, upon reaching the age of 18, you decided not to opt for German citizenship. Under certain conditions, after losing German citizenship you are entitled to obtain:
a) a permanent residence permit (Niederlassungserlaubnis) if, at the time of losing German citizenship, you had resided in Germany for five years;
b) a residence permit (Aufenthaltserlaubnis) if, at the time of losing German citizenship, you had resided in Germany for one year.
If you are living abroad at the time of losing German citizenship, you may be issued a residence permit if you have sufficient command of the German language. However, you do not have a legal entitlement to a residence permit in this case.
The general conditions that are also required in other cases for obtaining a residence permit must be met in your case. If the general conditions are not met in your case, but particularly severe circumstances exist, the foreigners authority (Auslanderbehorde) may make an exception and issue a residence permit. However, you do not have a legal entitlement to this.
After you learn of the loss of German citizenship, you have six months to file an application for a residence permit or a permanent residence permit. This deadline must be observed! Until the foreigners authority has made a decision on your application, you are permitted to stay in Germany. If you miss this deadline and file your application later, your deportation will be suspended until a decision is made by the foreigners authority, i.e., in that case you will receive a certificate of suspension of deportation (Duldung).
After losing German citizenship and until the foreigners authority has made a decision on your application, you have the right to work. If you receive a residence permit, the latter entitles you to work. This is indicated by an entry in the residence permit. If you are issued a permanent residence permit, the right to work is granted automatically.
To be continued.
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