Beste Visum für Angehörige Anwälte in Berlin

About Visum für Angehörige Law in Berlin, Deutschland

The Visum zur Familienzusammenführung, commonly known as the Familiennachzug, is the process by which non-EU family members join a relative who already has lawful residence in Germany. In Berlin, as in the rest of Germany, this process is governed by the Aufenthaltsgesetz (Residence Act) and related regulations. A successful visa allows the family member to enter Germany and obtain a residence permit later, enabling lawful residence and access to work under specific conditions.

In practice, a German resident or long-term visa holder may sponsor a spouse, registered partner, minor child, or in some cases other dependents. The initial step is typically a visa application at a German embassy or consulate in the applicant’s home country. After arrival, the applicant applies for a residence permit for family reunification at the local Ausländerbehörde in Berlin. The rules emphasize proof of a legitimate family relationship, secure livelihood, adequate housing, and in many cases basic German language proficiency.

Berlin residents often encounter local administrative nuances, such as appointment backlogs, housing verification, and income assessments. An immigration attorney or legal counsel can help interpret the law, prepare submissions, organize documents, and negotiate with the Berlin Ausländerbehörde to improve the chance of a successful outcome. This guide provides an overview focused on Berlin-specific considerations, practical guidance, and key sources for official information.

Why You May Need a Lawyer: concrete Berlin scenarios

• Denied visa due to insufficient proof of living space in Berlin - A Berlin sponsor with an average rental in the city may struggle to meet the housing criteria. A lawyer can help assemble alternative proofs and liaise with the Ausländerbehörde to reinterpret space requirements.
• Complex income or assets for the sponsor - If the sponsor is self-employed, a student, or relies on irregular income, a legal counsel can structure documentation and present a credible financial plan to meet the Lebensunterhalt requirements while respecting Berlin’s housing costs.
• Health or family circumstances complicating eligibility - Cases involving serious health issues, custody arrangements, or dependent relatives require precise documentation and possibly temporary accommodations. A lawyer can coordinate medical records, custody orders, and statutory waivers with the authority.
• Delays or refusals at the Berlin Ausländerbehörde - Processing backlogs or provisional refusals happen in Berlin during peak periods. A lawyer can file timely appeals or prepare a replacement submission that complies with local expectations.
• Complications for same-sex couples or recognized partnerships - Berlin follows federal law on family recognition, but practical hurdles can occur. A legal adviser helps map the exact relationship documents and ensure the embassy and the local authority accept them.
• Need to plan for the cost of care or dependents - If a dependent requires long-term care or special arrangements, a lawyer can present appropriate documentation to satisfy the financial and housing criteria while safeguarding the sponsor’s rights under Berlin and federal rules.

Local Laws Overview

The core framework for Visum für Angehörige is the German Residence Act (Aufenthaltsgesetz, AufenthG). The key provision for family reunification is Section 28 AufenthG, which governs the conditions under which non-EU family members may join a resident or citizen in Germany. This includes spouses, registered partners, and minor children, among others, and sets out core requirements such as the family relationship, livelihood, and housing standards.

In addition to the fundamental provision, official implementing regulations and guidance address practical constraints. The Verordnung zur Durchführung des Aufenthaltsgesetzes (AufenthV) and related administrative guidelines influence documentation, income verification, and proof of accommodation in Berlin. Berlin’s local administration may require additional Berlin-specific checks, like housing verification and appointment scheduling with the Ausländerbehörde.

According to the German Residence Act and federal guidance, family reunification requires proof of a secure livelihood, adequate housing, and a recognized family relationship. In practice, Berlin applicants must coordinate federal rules with local office requirements.

For official sources and to read the law in full, refer to the following primary documents and guidance. They provide the statutory basis, procedural steps, and explanations used by Berlin authorities and consular staff.

Key sources and reading material

Official statutory text for the Residence Act: Aufenthaltsgesetz (AufenthG) - §28 Familiennachzug.

Federal guidance and information on family reunification: BAMF - Familiennachzug.

Federal and statistical context: Destatis - Migration and Integration - Familiennachzug.

Berlin service and administrative information: Service Portal Berlin.

Frequently Asked Questions

What is the Visum zur Familienzusammenführung and who qualifies?

The Visum zur Familienzusammenführung is a national visa enabling non-EU family members to join a resident in Germany. Eligible relatives typically include spouses, registered partners, and minor children. Berlin authorities require proof of relationship, livelihood, and housing.

How do I start the application process from Berlin for family reunification?

Begin by gathering documents in your home country, then apply at the German embassy or consulate there. After arrival in Berlin, submit the residence permit application to the local Ausländerbehörde. A lawyer can help coordinate documents and deadlines.

What documents are usually required for the Berlin visa interview?

You typically need a valid passport, proof of the relationship (marriage certificate, birth certificates), proof of sufficient livelihood, housing documentation, and health insurance. Consulates may require translations and apostilles for some documents.

How much does the Visum zur Familienzusammenführung cost?

Visa fees vary, but you should expect several hundred euros for the national visa, plus potential costs for translations and legal representation. Fees are set by the German authorities and can change periodically.

How long does the Berlin processing take for family reunification?

Processing times can range from 3 to 6 months or longer, depending on the complexity and backlogs at the consulate and Berlin Ausländerbehörde. Early preparation helps reduce delays.

Do I need German language proof for family reunification?

Language requirements exist, but exemptions apply based on age, health, or other factors. Some applicants may need to demonstrate A1 language proficiency or enroll in an integration course after arrival.

Can the sponsor work while the family member is awaiting approval?

In many cases the sponsor’s employment status supports the application. The family member’s right to work in Germany depends on the specific residence permit and EU rules. A lawyer can clarify based on the sponsor’s status.

What is the difference between a national visa and a residence permit for this purpose?

The national visa (Visum) allows entry to Germany for family reunification. After arrival, the applicant applies for a residence permit (Aufenthaltserlaubnis) to live in Germany long term. A lawyer can ensure the switch is properly managed.

Do I need to hire a lawyer for the process?

While not mandatory, a lawyer can help organize documents, respond to deficiencies, and handle appeals. This is especially useful if a Berlin office or embassy submits requests for additional documentation.

Where do I submit documents in Berlin if the applicant is already in Germany?

Initial submission for the residence permit is at the local Ausländerbehörde in Berlin. The city may direct you to online portals for scheduling appointments and uploading documents.

Is the visa valid for all family members or divided by individual cases?

Each applicant must apply individually, with documentation proving their relationship and the sponsor’s living conditions. The approval for one family member does not automatically grant rights to another.

What happens if a visa application is denied in Berlin?

You typically have the right to appeal or request a review. An immigration attorney can guide you through the appeal steps and help gather necessary additional evidence.

Can I reapply if circumstances improve after a denial?

Yes, you can reapply after addressing the reasons for the denial. A lawyer can review previous submissions and help tailor the new application to Berlin's requirements.

Additional Resources

• Bundesamt für Migration und Flüchtlinge (BAMF) - Official information on family reunification, procedural steps, and integration requirements. Useful for understanding federal expectations before submitting to Berlin authorities. BAMF - Familiennachzug
• Destatis - Federal statistical context on migration and family reunification trends in Germany. Access to official data and analyses. Destatis - Migration and Integration
• Gesetze-im-Internet - Official repository of German federal laws including the AufenthG. Read the exact wording of §28 and related provisions. AufenthG - Gesetzestext
• Berliner Service Portal - Official Berlin portal for administrative services, appointment scheduling, and local guidance for Ausländerbehörde processes. Service Berlin
• Rechtsanwaltskammer Berlin - Resources to find a qualified immigration attorney in Berlin and understand professional standards. RAK Berlin

Next Steps: Finding and Hiring a Visum für Angehörige Lawyer in Berlin

1. Define your goals and timeline - Determine whether you need guidance for the national visa, the subsequent residence permit, or an appeal. Consider the sponsor’s income, housing, and any deadlines.
2. Gather your documents - Assemble passports, marriage or birth certificates, proof of relationship, income statements, and housing documents. Have essential documents translated and apostilled if required.
3. Identify potential lawyers - Look for immigration attorneys with Berlin experience and working knowledge of Familiennachzug. Use the Berlin Bar Association and reputable law firms’ directories.
4. Evaluate experience and fees - Contact at least 2-3 lawyers for a brief consultation. Request a written fee estimate and clarify billing structure, including any potential success-based charges.
5. Schedule an initial consultation - Use a focused meeting to discuss the case, required documents, and strategy. Bring a checklist of questions about timelines and possible outcomes.
6. Confirm engagement and retain services - Sign a written agreement detailing scope of work, milestones, and payment terms. Ensure the contract covers potential appeals or further submissions.
7. Coordinate with the lawyer to prepare submissions - The lawyer should organize documents, draft explanations, and prepare any legal arguments for the Ausländerbehörde or the embassy. Plan for translations and notarizations as needed.

Important tip for Berlin residents: Berlin’s Ausländerbehörde often requires timely appointment scheduling and thorough evidence of livelihood and housing. Start the process early and document every communication. A local lawyer can help you navigate Berlin-specific steps, such as coordinating with the city’s housing verification process.

Disclaimer - This guide provides general information. It is not legal advice. For your specific situation, consult a qualified immigration attorney in Berlin.