Best Dependent Visa Lawyers in Kitzingen

About Dependent Visa Law in Kitzingen, Germany

A dependent visa in Germany allows eligible family members to join a person who is lawfully living in Germany on a residence title or who is a German or EU citizen. In Kitzingen, which is in the Free State of Bavaria, applications are handled under the same federal rules that apply across Germany, with local processing carried out by the Ausländerbehörde - the local Foreigners Authority - at the Landratsamt Kitzingen. Typical dependents include spouses, registered partners, minor children, and in some limited cases parents of minor children. Most family reunification cases are governed by the German Residence Act - Aufenthaltsgesetz - while family members of EU or EEA citizens are usually handled under the Freedom of Movement Act - Freizügigkeitsgesetz EU.

The general idea is straightforward: if the sponsor in Kitzingen meets legal conditions such as secure livelihood, adequate housing, and health insurance, and the family relationship is proven, then eligible dependents can be granted a national visa for entry and then a residence permit after arrival. However, important details like language requirements for spouses, timing, and exceptions can affect eligibility and processing.

Why You May Need a Lawyer

A lawyer can help you navigate complex or time sensitive situations, avoid preventable refusals, and communicate effectively with the embassy and the Ausländerbehörde in Kitzingen. Common scenarios where legal help is useful include:

- Choosing the correct legal route - Residence Act versus EU free movement rules - especially for mixed nationality or cross border families.

- Proving a marriage or parentage where documents are old, from multiple countries, or require legalization or an apostille and certified translations.

- Handling language requirement exemptions for spouses - for example where the sponsor holds an EU Blue Card or researcher permit, where learning German before entry is not reasonably possible, or where there are health based hardships.

- Demonstrating secure livelihood for self employed sponsors or those with variable income, or where the household receives top up benefits.

- Custody and consent issues for minor children, including sole custody, shared custody, or where the other parent is not available to consent to relocation.

- Reconciling name or date discrepancies across passports, birth certificates, and marriage certificates.

- Cases involving refugees or beneficiaries of subsidiary protection, which have special quotas and humanitarian criteria for certain family members.

- Renewals and status changes after arrival, including work authorization for spouses, integration course obligations, or moving from a dependent permit to a permanent one.

- Protection of residence after separation, divorce, or the death of the sponsor, including independent residence under Section 31 of the Residence Act.

Local Laws Overview

The law is primarily federal, but local practice affects timing and document checks in Kitzingen. Key legal points include:

- Legal basis: German Residence Act - Aufenthaltsgesetz - Sections 27 to 36 cover family reunification. Section 28 concerns family members of German citizens, Section 30 spouses, Section 32 children, Section 33 children born in Germany, Section 29 general requirements, Section 5 general requirements, Section 31 independent right after marital breakdown, and Section 81 to 82 on procedure and duties to cooperate. Family members of EU or EEA citizens follow the Freizügigkeitsgesetz EU.

- Eligible family members: Spouses and registered partners must usually be at least 18. Minor unmarried children can join. Parents can sometimes join a minor child who lives in Germany. Other relatives are exceptional and require special humanitarian grounds.

- Secure livelihood: The sponsor in Kitzingen typically must cover living costs without relying on basic public benefits. Evidence often includes employment contracts, recent payslips, tax statements, and proof of adequate housing. Health insurance - public or adequate private - must be in place for all family members.

- Language: Spouses usually must show basic German at A1 level before the visa is issued. Exemptions exist, for example for spouses of EU Blue Card holders, ICT card holders, and researchers, for hardship or where pre entry study is not reasonably possible. Children under 16 generally do not need German; older children may need to show they can integrate.

- Work rights: In most family cases, the residence permit will allow employment. The exact wording on the permit controls, so check the annotation when it is issued in Kitzingen.

- Procedure: Most dependents apply for a national visa at the German embassy or consulate abroad. After entry, they register their address in Kitzingen and apply for a residence permit at the Ausländerbehörde. Biometrics and original documents are checked locally.

- Timing: Processing can vary depending on the embassy and local workloads. Two to six months is common, but complex cases can take longer. Appointments at the embassy and at the Kitzingen Ausländerbehörde should be booked as early as possible.

- Documents and form: Documents not in German usually need certified translations by sworn translators. Legalization or an apostille may be required. Keep copies of everything you submit and bring originals to appointments.

- Fees: Typical fees include around 75 euros for a national visa and additional fees for residence permits in Kitzingen. Reductions can apply for minors or certain humanitarian cases.

Frequently Asked Questions

Who counts as a dependent for family reunification in Kitzingen?

Spouses and registered partners, unmarried minor children, and in specific circumstances parents of a minor child in Germany. Other family members are rare and require compelling humanitarian grounds. Family of EU or EEA citizens follow different, generally more flexible, rules under EU free movement law.

Do spouses need to show German language skills before entry?

Often yes - basic German at A1 level is usually required for spouses joining third country nationals. Exemptions exist, for example for spouses of EU Blue Card holders, researchers, and ICT card holders, for hardship cases, and where pre entry language learning is not reasonably possible. Family members under EU free movement do not have a pre entry A1 requirement.

Can my spouse work in Germany on a dependent residence permit?

In most cases yes. The residence permit for spouses typically authorizes employment. When the permit is issued in Kitzingen, check that it is annotated to allow employment. Family members of EU or EEA citizens are also generally free to work.

How long does the process take?

Timelines vary. Embassy appointments and visa processing can take several weeks to a few months. After entry, processing at the Kitzingen Ausländerbehörde can add additional weeks. Start early, prepare complete documents, and respond quickly to any requests for evidence.

What are the financial and housing requirements?

The sponsor must usually demonstrate a secure livelihood without relying on basic public benefits and must have adequate health insurance and housing. Evidence typically includes employment or income documents and a rental contract showing sufficient space for the household under local standards.

Do we need to legalize or translate our documents?

Often yes. Foreign civil status documents such as marriage and birth certificates may need an apostille or legalization and certified German translations. Bring originals and certified translations to your appointments.

Can my family apply from within Germany?

Most dependents must apply for a national visa before entering Germany. There are exceptions for certain nationalities who can enter visa free and apply after arrival, and for specific residence categories. Always confirm the correct route before travel to avoid a refusal.

What if we marry after I arrive in Kitzingen?

You can usually apply for family reunification after marriage, but the spouse abroad will typically still need to apply for a national visa before entry unless an exception applies. If you marry in Germany, ensure the marriage is properly registered and recognized.

What happens if we separate or divorce after my spouse arrives?

Spouses may obtain an independent right of residence after a certain period of lawful cohabitation in Germany, or sooner in hardship situations such as domestic violence. Section 31 of the Residence Act sets the framework. Seek legal advice promptly if separation is likely.

Can I bring my parents to live with me in Kitzingen?

Parents of minor children living in Germany can sometimes obtain residence to care for the child. Bringing parents to join an adult sponsor is generally not possible except in rare cases of exceptional hardship. A lawyer can assess whether humanitarian grounds might apply.

Additional Resources

- Ausländerbehörde at Landratsamt Kitzingen - the local authority handling residence permits and extensions.

- German Federal Foreign Office - information on national visas and embassy procedures.

- Federal Office for Migration and Refugees - BAMF - guidance on integration courses, language requirements, and general migration information.

- Bavarian State Ministry of the Interior for Sport and Integration - statewide integration and residence guidance.

- Migration advisory services in Mainfranken - Migrationsberatung für erwachsene Zuwanderer and Jugendmigrationsdienste offered by organizations such as Caritas or Diakonie.

- Local registry offices - Standesamt - for marriage and birth registrations and certificates.

Next Steps

Clarify your legal route. Determine whether your case is under the Residence Act or EU free movement rules. Confirm whether any language requirement or exemption applies and whether embassy pre approval from the Kitzingen Ausländerbehörde will be needed.

Gather documents. Prepare passports, marriage or birth certificates, custody documents where relevant, proof of housing, health insurance, income evidence, and recent biometric photos. Arrange apostilles or legalizations and certified German translations where required.

Book the right appointments. Secure the embassy or consulate appointment for the national visa and plan for the local steps in Kitzingen such as address registration and the Ausländerbehörde appointment after arrival.

Prepare for interviews and checks. Be ready to explain your relationship history, living arrangements, and finances. Ensure consistency across documents and applications.

Plan for arrival. Register your address promptly in Kitzingen, obtain health insurance coverage for all family members, and attend the Ausländerbehörde appointment for biometrics and the residence card. Enroll in an integration or language course if required.

Consider legal support. If your case involves exemptions, complex documentation, custody issues, previous overstays, humanitarian claims, or if timing is critical, consult a lawyer experienced in German family immigration and local practice in Kitzingen.

Keep records and follow up. Retain copies of all submissions and decisions, note deadlines for renewals, and update the Ausländerbehörde about changes in address, employment, or family circumstances.