What special conditions apply to entry into Germany by family members who are nationals of a third-country that is not on the “safe" list?

type: Frequently asked

The entry requirements for family members from third countries that are not on the positive list are determined by the type of family relationship and the purpose of entry:

Entry for the purpose of family reunification or marriage

Generally, nationals of countries outside of the EU who are members of the immediate family (spouses, children under 18, parents of children under 18) are permitted to enter Germany for the purpose of joining their families if the necessary requirements for entry are met (e.g. D visa). The family members are allowed to enter Germany for reunification with the reference person or together with the reference person if the reference person is entering Germany for the first time for the purpose of a long-term stay. However, the reference person must be exempted from applicable entry restrictions.

Entry for the purpose of marriage is also possible.

Short-term entry by immediate family members who are citizens of countries outside of the EU

Nationals of countries outside of the EU who are members of the immediate family (spouses, civil partners and children under 18 or the parents of children under 18) of citizens of Germany, of another EU country, or of Iceland, Liechtenstein, Norway, Switzerland or of non-EU nationals who already have a right of residence in Germany are permitted to enter Germany for short-term family visits. This applies regardless of whether the non-EU national family member enters together with the reference person or alone.

Spouses or civil partners of citizens of Germany, of another EU country, or of Iceland, Liechtenstein, Norway or Switzerland are allowed to enter Germany regardless of whether the reference person has his/her permanent residence in Germany or abroad. In these cases an urgent family reason is no longer required for entry. This is the case regardless of the whether the reference person additionally holds the nationality of a country outside of the EU.

The following documents may serve as evidence that one is an immediate family member (depending on the type of family relationship):

  • marriage certificate, certificate of civil partnership;
  • birth certificate;
  • notarised extract from the family record or the civil status register.

If the traveller is entitled to enter Germany without requiring a visa, the authenticity of official foreign documents must be verified unless the documents were issued in one of the countries listed in section 14 (1) of the Ordinance Governing Residence (Aufenthaltsverordnung, AufenthV) (Australia, Israel, Japan, Canada, Korea, New Zealand, United States of America). The authenticity can be verified through legalisation or through an apostille in accordance with the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents. For an overview of whether an apostille is sufficient to verify a public document from a particular country of origin or legalisation is required, please refer to the German Notary Institute’s country list for apostille and legalisation. For more details regarding legalisation and apostille procedures, please refer to the website of the Federal Foreign Office.

For travellers who require a visa to enter Germany, the missions abroad decide during the visa application procedure whether to recognise the foreign documents.

Short-term entry by first- and second-degree relatives who are citizens of non-EU countries only if urgent family reasons are demonstrated

Non-EU nationals who are first- or second-degree relatives but not members of the immediate family (including adult children, parents of adult children, siblings and grandparents) of citizens of Germany, of another EU country, Iceland, Liechtenstein, Norway, Switzerland or of non-EU nationals who already have a right of residence in Germany are generally not permitted to enter Germany for short-term family visits.

Exemptions are made only for urgent family reasons; the following cases and occasions are considered to constitute urgent family reasons:

  • births
  • weddings
  • deaths/funerals

special exceptional cases in which there is an urgent family reason (e.g. serious illness of a first- or second-degree relative who therefore urgently needs help, or absence of any other adult who is the legal guardian of a child under 18).

Travellers are asked to carry with them suitable proof of an urgent family reason, which clearly demonstrates the need to cross the border. If there is a compelling family reason for entry, for example if the non-EU national parents-in-law wish to accompany the bridal couple, non-EU nationals are allowed to enter Germany together with the reference person.

Short-term entry by more distant family members

Non-EU nationals who are more distant family members and are not at least first- or second-degree relatives are not permitted to enter for family reasons.

Return to habitual abode

Re-entry by non-EU nationals who are family members to return to their habitual abode in Germany is permitted if the conditions under residence law (particularly possession of valid border documents and any necessary residence titles) are met, regardless of the reference person.

Regardless of the criteria stated above, the decision on whether to permit entry is at the discretion of the officers conducting border checks.

Travelers must also observe the requirements of the coronavirus entry regulation.