Family Reunification with German Citizens (§ 28 AufenthG): Spouses, Children and Parents

Family members of German citizens have the strongest reunification position German law offers to non-EU nationals. § 28 AufenthG protects the family life of Germans in Germany and eases several requirements that apply in other constellations — but "easier" is not "automatic", and the sticking points are predictable.

Who Is Covered

§ 28 Abs. 1 AufenthG grants a residence permit to three groups, provided the German family member has their ordinary residence in Germany:

• the spouse of a German citizen,
• the minor unmarried child of a German citizen, and
• the parent of a minor unmarried German child, for the purpose of care and custody (Personensorge) — a route of particular importance for parents without any other title.

The Eased Requirements

The livelihood requirement (§ 5 Abs. 1 Nr. 1 AufenthG) is handled generously: for children of Germans and for the custodial parent of a minor German it is waived, and for spouses of Germans it is waived as a rule. No adequate housing requirement of the kind applied in other reunification cases exists.

For spouses, two substantive conditions from the general spousal rules apply: both spouses must be at least 18, and the joining spouse must as a rule demonstrate basic German (level A1) before entry. The A1 requirement has meaningful exceptions — including for spouses with recognised health obstacles, and where learning German before entry is unreasonable in the individual case.

Rights After Arrival

The permit carries the right to work without restriction. After three years holding the permit with the family unit intact, the spouse or parent can as a rule obtain the settlement permit (Niederlassungserlaubnis, § 28 Abs. 2 AufenthG), subject to sufficient German language skills. Spouses of Germans also reach naturalisation faster than most: marriage to a German opens the shortened path of § 9 StAG — typically three years' residence and two years of marriage.

Frequently Asked Questions

We married abroad — is our marriage recognised? Generally yes, if it was validly concluded under the law of the place of marriage. Formalities and document legalisation are frequent friction points; have the marriage certificate and apostilles reviewed early.

Does my German spouse need a minimum income? As a rule, no — for spouses of Germans the livelihood requirement is normally waived. It can resurface in atypical cases, for example where public benefits are being drawn in significant scope.

I am the parent of a German child but was never married to the other parent — can I stay? Yes. If you exercise parental custody of your minor German child, § 28 Abs. 1 Nr. 3 AufenthG gives you a residence permit — regardless of your relationship with the other parent, and with the livelihood requirement waived.

Can I work immediately? Yes. Family reunification permits under § 28 include unrestricted access to employment and self-employment.

Reunification with a German family member is the most protected route in the system — protect it further with a clean application. Book a consultation →

Last reviewed: August 2026 — RAin Fiona Macdonald