What does my spouse need to join me in Germany on a residence permit?
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Germany's Residence Act gives the spouse of a foreign resident a residence permit if both spouses are at least 18, the joining spouse speaks basic German (A1), and the resident holds a qualifying permit. There must also be sufficient living space. No German is needed if, for example, the resident holds an EU Blue Card or skilled-worker permit.
Key facts
| What | The law says | Source |
|---|---|---|
| Age | Both spouses must be at least 18; this can be waived to avoid particular hardship | AufenthG § 30(1) no. 1, § 30(2) |
| German | The joining spouse must be able to communicate in German at least at a basic level | AufenthG § 30(1) no. 2 |
| What “basic” means | CEFR level A1 | AufenthG § 2(9) |
| The resident’s permit | Settlement permit, EU long-term residence permit, EU Blue Card, ICT or Mobile ICT card, or a residence permit that meets the conditions in § 30(1) no. 3 | AufenthG § 30(1) no. 3 |
| Living space | Sufficient living space must be available | AufenthG § 29(1) no. 2 |
| Livelihood | As a rule, livelihood must be secured | AufenthG § 5(1) no. 1 |
| No German needed | Among others: the resident holds an EU Blue Card, ICT card or a skilled-worker permit (§§ 18a, 18b), or can enter Germany visa-free for long stays because of nationality | AufenthG § 30(1), sentence 3 |
| Extension | Possible without the livelihood and living-space conditions while the marriage continues | AufenthG § 30(3) |
The conditions
Section 30 of the Residence Act (Aufenthaltsgesetz) says the spouse of a foreigner living in Germany is to be given a residence permit when:
- both spouses are at least 18;
- the joining spouse can communicate in German at least at a basic level, which § 2(9) defines as CEFR level A1;
- the resident holds a qualifying residence title (see below).
On top of that, § 29(1) requires sufficient living space for any family reunification with a foreigner, and § 5(1) requires as a rule that livelihood is secured.
Which permit the resident must hold
The law accepts a settlement permit, an EU long-term residence permit, an EU Blue Card, an ICT card or a Mobile ICT card. It also accepts a residence permit under §§ 18d or 18f (research) or § 25(1) or (2) sentence 1 (protection). Any residence permit (except one under § 25(2) sentence 2) qualifies once the resident has held one for two years, unless it carries a condition under § 8(2) or a later settlement permit is excluded by law. A residence permit for education, work, humanitarian or family reasons (Chapter 2, Sections 3–6, again except § 25(2) sentence 2) or under §§ 7(1) sentence 3, 37 or 38 also qualifies if the marriage already existed when it was issued and the stay in Germany is expected to last more than one year (§ 30(1) no. 3).
When German isn’t required
The A1 requirement doesn’t apply, among other cases, when:
- the resident holds an EU Blue Card, ICT card, Mobile ICT card or a permit under §§ 18a, 18b, 18c(3), 18d, 18f or 21, or a permit under § 19c for the jobs the law lists (such as executive, specialist, scientist or teacher);
- the resident may enter and stay in Germany visa-free for long stays because of their nationality;
- the joining spouse can’t prove basic German because of a physical, mental or psychological illness or disability;
- because of special circumstances, it isn’t possible or reasonable for the spouse to try to learn basic German before entry;
- the spouse has a recognisably low need for integration, as defined by regulation, or would have no right to an integration course after entry.
Related questions
- Extension: while the marriage continues, the spouse’s permit can be extended even if livelihood and living space are no longer met (AufenthG § 30(3)).
- Visa-free nationalities that can apply inside Germany: AufenthV § 41(1).
Sources
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This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.