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Family reunification of children - the age of 16!
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The situation: If foreign parents have separated and one of them lives in Germany, the growing children often want to follow their father or mother to Germany later. You can then apply for a family reunification visa.
In this moment, the question comes up, as which knowledge of German the children must already be able to. Age plays a decisive role here. According to the law, children from the age of 16 must prove that they really speak and write German language. A level C1 language certificate is usually required for this.
Problem 1: The visa application at the German embassies or consulates often takes a long time, so that the children reach the age of 16 years in the meantime. Finally it can happen, that the visa application will be rejected by German embassies and consulates – even the families are not responsible for this long time of visa-application procedure.
The Federal Administrative Court: According to the case law of the Federal Administrative Court, the main important question is when the application was made. Usually according to German law it depends on the point in time at which a public authority or a court takes its decision. However, when it comes to an age limit, as in the case of child reunification, it depends on the day on which the application was made (see judgment of April 7th, 2009 -BVerwG 1 C 17.08).
Legal tip 1: Especially when your 16th birthday is coming up soon, you should make sure that the visa application is submitted right in time and that the date of submission of the application is precisely recorded and documented. The formal submission of the application by means of a legal letter - in advance by fax - can be helpful here.
Problem 2: According to the case law of the Federal Administrative Court, at the time the application is submitted - before the child's 16th birthday - all other necessary requirements for the visa application must also be present. Here it is important to clarify the sole custody of the parent living in Germany. The questions of such custody should be clarified in advance. Otherwise valuable time might be wasted.
Legal tip 2: In cases in which a decision on sole custody cannot be reached, at least you should try to obtain the consent of the other parent and reach for a proper documentation of this consent (if possible, for example, by notarial certification).
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