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How to reunite with German citizens after immigrating to Germany
The regulation on the third person is biased towards the Germans, because the parents of foreigners cannot come to Germany for a long time in the name of taking care of their children. Other aspects of German family members' preference for "pure foreigner family reunion" are: foreigners who come to reunite do not need to stay in Germany for five years, but they can get residence permits after staying in Germany for three years. Article 28 (2) makes a specific provision: "In principle, foreigners should obtain a residence permit. If he has a residence permit for three years, and continues to live with his German family in the federal field, and there is no reason for expulsion, he can simply communicate German orally. In addition, if family life continues to exist, the residence permit can be extended. " Marrying a German for three years (to be precise, having a residence permit in Germany for three years) is a rule and practice that existed in the era of foreigner law. The language requirements for German "families" are not high. There seems to be nothing new here. The key is to see what the future implementation regulations will do to the families of newly naturalized Germans (such as China citizens). According to the current regulations, children of foreigners can apply for naturalization at the same time as their parents, unless their parents have been in Germany for three years and are still under the age of 16. Otherwise (for example, you are 18 years old, or have lived in Germany for less than 3 years), you must live independently in Germany for 8 years to become an indefinite person or a German. If similar restrictions are not made in the future implementation regulations, such children can be naturalized as long as they stay in Germany for three years. If so, it will be a huge change. Article 28 (5) stipulates: "This residence permit allows you to engage in a job." Compared with "pure foreigner family reunion", there is another advantage here: you don't have to wait two years to get a work permit as soon as you arrive in Germany. One thing that China people who intend to marry Germans must pay attention to: they must properly understand each other's economic situation. Paragraph (3) of Article 27 stipulates: "If a person for the purpose of family reunion needs social relief to support other foreign family members or other residents, he may refuse to issue a residence permit for the purpose of family reunion." Never think that people living in Germany are rich. If you "happen to" meet a German who is receiving social welfare and become attached to him or her, the result may be that you can't go to Germany or you are already in Germany but you can't change your residence form. Reunion with foreigners in Germany-restrictions and relaxation of work restrictions In addition to the above-mentioned reunion objects can not become recipients of social assistance, Article 29 (1) also stipulates two conditions: foreigners in Germany must have residence permits or residence permits; He must have enough housing. The first condition does not mean that you must have a residence permit and a residence permit. As for the second condition, many people in China know that the Aliens Bureau will ask for a rental contract with the housing area on it and ask the landlord to fill in and sign a simple form. This is the custom in the era of foreign law. The implementation regulations of the future immigration law may also be specific. The provision of Article 29 (5) deserves scrutiny: "Ignoring Article 4, Paragraph 2, Paragraph 3, this residence permit allows you to engage in a certain occupation if the foreigner who is the object of family reunion has the right to engage in it, or if the married life has legally existed in the federal field for at least two years. Article 4, paragraph 2, specifies the circumstances in which a work permit may be issued. One thing worth pondering is that up to now, family members who come for reunion must stay for two years before they can get a work permit, regardless of whether they have a job in Germany or not. Moreover, if the family members who come to reunite stipulate that they can't work in the living conditions from the beginning, they will basically not be changed. Literally, according to article 29, as long as the target party has a job or other occupation (such as self-reliance), the party who comes to reunite can (immediately? ) get a work permit. Secondly, it is worthy of scrutiny: literally, regardless of whether the target party has a job or not, the family members who come to reunite can get a work permit after staying for two years. Because "or" is used instead of "merger" between these two preconditions. Spouse reunion and residence after breakup Article 30 stipulates that spouses of four kinds of foreigners can come to Germany to reunite with them: first, foreigners with residence permits; Secondly, he has a residence permit as stipulated in article 25, paragraph 1 or paragraph 2. Article 25, paragraphs 65-438+0 and 2, refer to foreigners whose asylum applications are approved and thus obtain residence permits; Third, hold a residence permit for more than 5 years; Fourth, foreigners who "have a residence permit, the marriage already exists when the residence permit is issued, and the expected residence time is more than one year". In fact, the regulations on the fourth category of foreigners show that although the foreigner has stayed in Germany for less than five years and has not obtained a residence permit, as long as he is married at the time of obtaining the residence permit and the residence permit that the Aliens Bureau may give him will last for more than one year, his spouse can come to reunite as long as he obtains the residence permit. That is to say: first, if he (she) gets a residence permit before marriage, his (her) spouse will have to wait five years to get a residence permit for reunion; Second, if the Aliens Bureau only gives this person residence for three months or half a year, it is not clear whether it can be extended in the future. Generally, his spouse cannot obtain residence for the purpose of reunion. If you marry a German or foreigner in Germany and then divorce or your spouse dies, can you still stay in Germany? Article 3 1 of the Immigration Law (1) stipulates that the residence permit can be extended for one year (each time) under the following circumstances: at the time of divorce, "the same person in married life" has legally existed in Germany for more than two years; When a foreigner dies in Germany, his married life has existed in Germany (no matter how long), provided that the deceased foreigner has a residence permit or residence permit. Unless the foreigner fails to extend his residence in time for reasons other than his own. Article 3 1 (2) stipulates that the residence in Germany can be extended as an exception in order to "avoid particularly serious situations". Those classified as "particularly serious cases" include that if they return to China, they will "seriously affect their need for protection". As for "needs worthy of protection", the immigration law specifically puts forward "the interests of children living in the same family life as their spouses". Article 3 1 (1) also stipulates that followers who have obtained such residence (extension) have the right to work. There is a restrictive provision in paragraph (2): If the spouse who stays in Germany has to rely on social welfare for his own reasons, he can refuse to extend his residence. Paragraph (3) of Article 3 1 stipulates that if a foreigner in Germany has a residence permit at the time of family disintegration and his spouse can solve his future life by himself (without receiving social welfare), then his spouse should also obtain a residence permit. However, according to paragraph (4), if the spouse of a foreigner who has a residence permit in Germany has to rely on social assistance to live, his residence permit can be extended although he cannot be granted a residence permit.
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