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IMMIGRATION

Is it better to bring family to Germany through a Blue Card or reunion visa?

Any German resident - whether they're already here or will soon be - can bring family with them. But what is the most beneficial route?

A couple walk through a park in Germany with their young children.
A couple walk through a park in Germany with their young children. Photo: picture alliance/dpa | Felix Kästle

Third-country national Blue Card holders, as well as those with a normal German residency permit (Aufenthaltstitel), can bring family members to Germany with them. The first group can do so automatically for spouses or underage children, whereas the latter group must first apply for a family reunion visa. 

For people who arrive on or after March 1st next year, this type of visa will also be available for parents and step-parents.

Which process makes the most sense for you and your family?

If you live in Germany and your family comes from outside the EU

If your spouse is a third-country national, the Blue Card offers particularly big benefits – and Germany hands out around 70 percent of all Blue Cards within the EU.

Holders of the coveted card are allowed to bring their spouses and children to Germany with fewer restrictions than other types of residency permits, according to Germany’s Foreign Ministry. 

For example, the accompanying spouse does not have to speak any German and receives immediate access to the labour market. Those who receive a family reunion visa, however, will need to prove basic German skills and go through a potentially longer application process based out of their home country.

READ ALSO: How foreigners will be able to bring their families to Germany under new skilled worker law

An EU Blue Card issued in Nuremberg, Germany. Photo: picture alliance/dpa | Daniel Karmann

Can Blue Card holders also apply for a family reunification visa for relatives?

Under the new rules, if you’re an EU Blue Card holder and your family members have already gone through the process of applying for a family reunification visa once, they will no longer have to repeat the arduous process again in Germany.

That’s because the families of EU Blue Card holders who lived with them in another member state can use this previous permit to live and work in Germany without applying for a new visa.

In addition, they’ll no longer have to prove sufficient living space or the means to support themselves.

READ ALSO: Germany or Austria: Where is it easier to get an EU Blue Card?

Which group receives permanent residency the quickest?

Holders of an Aufenthaltstitel, which those who join family in Germany will receive, qualify for a permanent residence permit (Niederlassungserlaubnis) after an expedited three years only when their partner (or child) is a German citizen. In all other cases, they’ll have to wait at least five years.

But Blue Card holders and in some cases their families, regardless of who they’re married to (or if they’re married at all), can qualify for permanent residency in Germany after 33 months with only a basic A1 Level or 18 months with a B1 level.

In turn, the Blue Card offers the most tangible benefits for spouses and children, but it’s also harder to obtain one. People in sought-after professions like mathematics, healthcare and IT will get by with a salary of €39,682.80, while all other workers have to earn more than €43,800 to be eligible.

Residency permit holders simply need to prove that they’re able to financially support the incoming family member – even if through a much smaller annual income.

How do I apply for a Blue Card?

Either you or your employer can fill out the application for the Blue Card, and the documents can be submitted to the foreigner’s office in Germany or your embassy abroad if you come from a country which requires a visa to enter the country.

Nationals of Australia, Canada, Israel, Japan, South Korea, New Zealand, US and the UK are allowed to enter Germany on a three-month tourist visa or visa-waiver programme and then apply. The foreigner’s office states that nations of all other countries – if not already living in Germany on a residence permit – should apply at their home country’s consulate.

READ ALSO: How Germany is making it easier for skilled workers to get an EU Blue Card

In Germany, the time to process an application often only takes days or weeks rather than months as is the case for other types of work permits, according to the EU Blue Card Network.

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READER QUESTIONS

Is it legal to grow cannabis in a German allotment garden?

Germans love their Kleingärten - or allotment gardens. Now that cannabis has been partially legalised in Germany, some people are wondering if it is legal to grow weed there. Here's what you need to know.

Is it legal to grow cannabis in a German allotment garden?

Germany changed the law around cannabis on April 1st. 

Under the first step, adults over 18 are now allowed to carry 25 grams of dried cannabis and cultivate up to three marijuana plants. 

Many people in Germany have an allotment garden – known as Kleingarten or Schrebergarten. This is a plot of land that city-dwellers can rent out to use as their own garden. They can grow various things there like flowers and vegetables. 

There are over 900,000 throughout the country, and the Federal Association of German Garden Friends estimate around five million people use a Kleingarten.

READ ALSO: How to get a Kleingarten in Germany

So is it possible to grow cannabis there?

As always when it comes to Germany, the laws are tricky to clarify but in general the answer is: no. According to the German Health Ministry, cultivating marijuana plants in allotment gardens is generally not permitted – because growing cannabis is only legal ‘at someone’s place of residence’ under the new law. 

A ministry spokesperson told DPA that cultivation in allotment gardens would only be legal on the condition that the person growing the cannabis is resident there.

“This is not usually the case,” said the spokesperson, referring to the Federal Allotment Garden Act which does not allow people to have homes at their allotment. 

It is regulated by law that an arbour or shed in an allotment garden is not suitable for permanent residence. “In addition, the legislator expressly rejected the conversion of arbours into small private homes in the procedure for the Federal Allotment Garden Act,” said the ministry spokesperson.

There is one exception, however. 

It applies within the framework of the protection of existing rights if the owner of an allotment garden already lived there or used the allotment as a residence before the Federal Allotment Garden Act came into force more than 40 years ago.

“The rights of an allotment gardener to use his allotment garden for residential purposes remain in force if they existed when the Federal Allotment Garden Act came into force on April 1st 1983 and no other regulations prevent residential use.”

Someone holds part of a cannabis plant

Cannabis is partially legalised in Germany. Photo: picture alliance/dpa | Karl-Josef Hildenbrand

The German Hemp Federation had been questioning whether cultivation at allotments was allowed, and said they believed it was under the law. 

The federation pointed out that the text of the law states that adults can grow up to three cannabis plants “at their place of residence or habitual abode”.

But that the explanatory notes go on to say: “Private cultivation is the cultivation of cannabis in the private home. The term ‘dwelling’ within the meaning of this law includes all premises dedicated to private residential purposes, including gardens, allotments, weekend houses, holiday homes, etc.”

For this reason there has been confusion – but the Health Ministry has tried to clarify this by pointing out the various laws and the exception regarding allotments. 

Can you smoke cannabis at an allotment garden?

So people cannot cultivate cannabis at their Kleingarten – but can they legally smoke it?

The answer is yes – as long as the person in question is an adult and the garden is not near a school or similar facility. 

Under the new law, cannabis will remain banned for under-18s and within 100 metres of schools, kindergartens and playgrounds.

As the next step in the legal reform, from July 1st it will be possible to legally obtain weed through “cannabis clubs” in the country.

These regulated associations will be allowed to have up to 500 members each, and will be able to distribute up to 50 grams of cannabis per person per month.

However, given that the cannabis law was passed at short notice on April 1st, it is unclear how many of these clubs will be established in time for July. 

READ ALSO: What to know about Germany’s partial legalisation of cannabis

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