Disclaimer: This is a simplified description of the existing rules and regulations. These rules may change or be interpreted differently at any time. This article is no legal advice. If you need legal support, reach out to an accredited lawyer.
Germany is a top destination for skilled workers from around the world. A Robust economy, high quality of life, and the new Chancenkarte (Opportunity Card) system make it a go-to country for skilled immigrants.
The opportunity card — a point-based immigration policy targets talents from non-EU countries to address the acute labor shortages in the country’s critical sectors.
While the Chancekarte is lucrative, a few questions remain about bringing your family to Germany.
We will delve into the legal framework, different family scenarios, and the actual process of applying for family reunification under the Chancenkarte. Note, though, that the final decision always rests with your local embassy (if abroad) or Foreigners’ Office (if in Germany) – so better check with them individually.
Laws and Regulations
Germany’s immigration laws are in the Residence Act (Aufenthaltsgesetz).
It outlines the rights and requirements for foreigners living in the country. The chancenkarte falls under sections 20a and 20b of this act, focusing keenly on the skilled workers.
In general, the same standard rules for family (re-)union apply as for other residence permits. The main provisions of the family reunion these rules include:
- Financial security: You are required to prove that you can support your family financially — stable income and sufficient savings — without depending on the public funds. To achieve this, you will need a blocked account to show the authorities that you have enough money in your account in Germany to sustain yourself and your family during your stay. Most embassies seem to require one blocked account per person applying (rather than one blocked account for all)
- Adequate House: Your house MUST be big enough to accommodate the family member(s) coming. Each federal State (Bundesland) in Germany has its building codes and regulations — stipulations about the minimum size of living space required per person. Some local ordinances even impose specific limitations on the number of residents based on the size of the apartment and the intended use. For instance, in North Rhine-Westphalia, the “Wohnraumstärkungsgesetz” (Housing Strengthening Act) states that apartments may only be let or used if there is a living space of at least ten square meters for each person. Each room may only be let or used if there is a living space of at least eight square meters for each person and adjoining rooms are available for shared use. The Landlord will warn you and subsequently terminate your lease without notice if you ignore this rule.
- Health Insurance: It’s mandatory to have comprehensive insurance coverage for every family member. The Health Insurance Compulsory Law (Krankenversicherungspflichtgesetz) introduced in 2009 made it mandatory for all residents in Germany to have health insurance coverage.
- Language: This will largely depend on the situation at hand. You will require a basic German language proficiency, especially for spouses. There are some exceptions for highly skilled workers. These basic skills also need to be proven with a test.
Family Scenarios
Different family scenarios require specific considerations and processes. Check the most common situations and the corresponding paths for the family reunion.
1. One parent with the Chancenkarte
- The spouse must show basic German language proficiency (A1 level). There are some exceptions, especially for the highly skilled workers.
- Children below 16 years old can join the parent without proof of language skills.
- Children aged 16-18 years must demonstrate German language proficiency (B1 level) or at least integration potential.
2. Single Parent with Chancekarte (single custodian case)
Just like the one-parent case, children under 16 years old can join the parent without having to prove their language skills. Those aged between 16-18 must demonstrate skills.
3. Both Parents coming with Chancenkarte
Here, the accompanying spouse doesn’t require a separate application but must still meet the language requirements, if need be.
However, children will still follow the same rules as described under a single-parent scenario
4. Single Parent sharing Custody
You will be required to show proof of custody rights and the other parent’s consent to the child’s relocation. The parent must also show proof of financial means to support the child and himself or herself to the embassy or consulate.
These documents may vary depending on the case at hand.
What is the Application Process for the family Reunification Visa?
Bringing your family to Germany involves a detailed application process. Each step leads to the other.
Here is a standard guideline process that will help you navigate through the application process.
1. Preparation
- Collect all necessary documents including valid passports, marriage and birth certificates, proof of financial stability–income statements, and bank statements, proof of adequate housing–rental agreement, and health insurance cover. Official documents such as marriage certificates generally need to be translated and apostilled.
- Language certificate: If needed, ensure that the spouse and children aged 16-18 have German language certificates.
2. Application Submission
The primary cardholder can apply for family reunification at the local Foreigners office (Ausländerbehörde) in Germany. If you haven’t moved to Germany just yet, you can apply at the local German consulates or embassies.
The family member(s) must equally apply for the family reunification visa at the German consulate or embassy in their home country. This includes submitting all the gathered documentation and attending an interview.
Remember to check with your embassy early in advance to book an appointment. It may take over three months to get an appointment in some consulates or German embassies abroad.
3. Processing
The visa processing time may take a few weeks or even months. It varies from each embassy. It is therefore advisable to book as early as possible to avoid inconveniences because of potential delays.
4. Approvals
This is usually the best part. Once the application is approved, family members will receive their visas and can travel to Germany.
Upon arrival, they must register with the local authorities and complete additional formalities such as obtaining residence permits.
It is important to note that the Chancenkarte holder must initiate the process by applying for family reunification, including proof of relationship, financial stability, housing, and health insurance to the foreign office in Germany.
Family members can apply for their visa at the German consulate in their home country, presenting the same documents.
The family members may be required to attend an interview at the consulate to verify the relationship and the provided documentation.
The local Foreigners’ Office in Germany reviews the application, and, if you meet all the conditions, the embassy/consulate will approve your family reunification.
Once approved, you will receive the visa to Germany. Remember to book your flights after receiving the visa. You can always check for the best rates using Skyscanner or Google flights.
After landing in Germany, ensure that you register with the local authority for your residence permits. Lack of a valid address will limit you from opening a bank account,buying a sim card or mobile phone to use.
Conclusion
Chancenkarte is a significant opportunity for skilled workers to move to Germany and contribute to its economy.
Germany will need seven million skilled workers by 2035. The government is optimistic that Chancenkarte will help bridge the gap and solve the labor menace. Nursing, IT, Food, and beverage are hugely affected by the labor shortage.
Germany’s aging society, with the post-war baby-boom generation reaching retirement age, is one of the main reasons for the acute labor problem.
Family reunification ensures that immigrants maintain the family unity that is crucial for emotional support and successful integration while working in Germany.
The process of moving to Germany requires careful preparation and adherence to legal requirements. The benefits of bringing your family along can significantly enhance your experience and success in Germany.
Always plan, gather all necessary documents, and take advantage of available resources to make your transition as smooth as possible.
This article was written by our Senior Content Writer Henry Odhiambo.
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