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Grundsätzlich gilt, daß Familiennachzug zu in Deutschland lebenden Personen nur Ehegatten untereinander und minderjährige Kinder im Verhältnis zu erwachsenen Elternteilen und umgekehrt betrifft.

  • Was den Ehegattenzuzug betrifft, lesen Sie bitte das Kapitel "Ehegattennachzug"
  • Nach § 28 Abs. 1 Nr. 2 AufenthG ist dem ausländischen minderjährigen ledigen Kind eines Deutschen zwingend eine Aufenthaltserlaubnis zu erteilen, wenn der Deutsche seinen gewöhnlichen Aufenthalt in Deutschland hat. Auf finanzielle Voraussetzungen und Wohnraum kommt es nicht an.
  • Nach § 28 Abs. 1 Nr. 3 AufenthG ist dem ausländischen Elternteil eines minderjährigen ledigen Deutschen eine Aufenthaltserlaubnis zur Ausübung der Personensorge zu erteilen, wenn der Deutsche seinen gewöhnlichen Aufenthalt im Bundesgebiet hat. Bezüglich der finanziellen Voraussetzungen gilt dasselbe wie oben. Zu denken ist an folgende Fallkonstellation: Eine Russin ist mit einem deutschen Staatsangehörigen verheiratet und sie haben ein gemeinsames Kind, welches ebenfalls im Besitz der deutschen Staatsangehörigkeit ist. Die Ehe wird geschieden. Die Mutter möchte nach Deutschland übersiedeln. Sie kann nun bestimmen, daß ihr minderjähriges Kind in Deutschland Wohnsitz nimmt und somit auch für sich selbst die Voraussetzungen für die Erteilung einer Aufenthaltserlaubnis schaffen.
  • Nach § 28 Abs. 1 S. 2 AufenthG kann die Aufenthaltserlaubnis auch dem nichtsorgeberechtigten Elternteil eines minderjährigen Deutschen erteilt werden, wenn die familiäre Gemeinschaft schon im Bundesgebiet gelebt wird. Diese Fallkonstellation betrifft im wesentlichen in Deutschland lebende nichteheliche Väter, die - ohne mit der Mutter des Kindes verheiratet zu sein - sich intensiv um ihr Kind kümmern. Hierbei kann es unter Umständen auch auf das Einkommen ankommen.
  • Es bleiben die Fälle übrig, die nicht in die oben aufgeführten Fallgruppen passen. Zu denken ist an den Nachzug von Eltern zu ihren in Deutschland lebenden Kindern oder an den Zuzug von Geschwistern untereinander. Die Voraussetzungen (§ 36 AufenthG) hierfür sind sehr streng: Ein Familiennachzug kommt nur in Betracht, wenn ein Härtefall gegeben ist. Die Tatsache, daß die Kinder mittlerweile alle im Ausland leben, reicht für die Begründung eines Härtefalles nicht aus. Es muß in der Regel eine Betreuungsbedürftigkeit vorliegen, etwa dergestalt, daß der im Ausland lebende Familienangehörige krank ist und (das kommt wohl hinzu) daß die Betreuung in der Heimat nicht sichergestellt ist. Denkbar ist natürlich auch der Fall, daß der in Deutschland lebende Familienangehörige betreuungsbedürftig ist. Auch hiermit könnte man einen Härtefall begründen. Allerdings müssen selbst dann, wenn ein Härtefall vorliegt, weitere Voraussetzungen erfüllt sein: Ausreichender Wohnraum muß vorhanden sein und das Einkommen der aus dem Ausland zuziehenden Person muß von den hier lebenden Personen gesichert sein. Mit anderen Worten: Diese müssen über Erwerbseinkommen verfügen, das ausreicht, unter Umständen recht hohe Krankenversicherungsbeträge (zum Beispiel bei alten Leuten) zu begleichen. Insbesondere wird in aller Regel eine Vollkrankenversicherung verlangt, da die deutschen Behörden die Auffassung vertrete, daß gerade bei älteren Personen die Behandlungskosten von den Verwandten nicht getragen werden können.
  • Falls es um Nachzug von ausländischen Kindern zu ausländischen Eltern geht, sind die Voraussetzungen strenger gefaßt. Grundsätzlich wird Erwerbseinkommen und ausreichender Wohnraum verlangt, des weiteren wird teilweise auf alleiniges Sorgerecht abgestellt. Für Kinder ab 16 Jahren gelten weitere Verschärfungen.
Read 11693 times Last modified on Donnerstag, 18 Juli 2013 12:05


  • Comment Link Josephina Neagle Montag, 23 November 2020 18:56 posted by Josephina Neagle

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  • Comment Link Tommy Gadbaw Montag, 23 November 2020 16:32 posted by Tommy Gadbaw

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  • Comment Link Miriam Youssef Montag, 23 November 2020 16:06 posted by Miriam Youssef

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  • Comment Link Jeromy Bialczyk Montag, 23 November 2020 15:18 posted by Jeromy Bialczyk

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  • Comment Link Talisha Viltz Montag, 23 November 2020 14:34 posted by Talisha Viltz

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  • Comment Link Rea Abts Montag, 23 November 2020 14:27 posted by Rea Abts

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  • Comment Link Deutscher Honig Montag, 23 November 2020 14:04 posted by Deutscher Honig

    Keep functioning ,splendid job!

  • Comment Link Honig aus eigener Imkerei Montag, 23 November 2020 13:43 posted by Honig aus eigener Imkerei

    Hi, I think your blog might be having browser compatibility issues. When I look at your blog site in Safari, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, amazing blog!

  • Comment Link Jamaal Malaver Montag, 23 November 2020 13:26 posted by Jamaal Malaver

    Vacationing is one of the fantastic pleasures of many people. There exists anything about going new places, meeting new folks and going through various countries, that will widen your horizons in a way other stuff can't. Traveling lacks to become high-priced nor do you generally have to go to spectacular areas, it just should be to a place where you stand subjected to various experience. This post can aid you to adapt to vacation as a significant part of daily life. You might find out interesting things, see things you've Load your own personal cushion. In case you have trouble sleeping away from home, attempt delivering your own personal cushion alongside. Some people struggle to sleep at night in the bed furniture that isn't their own. Developing a acquainted cushion below your mind can create a interestingly big difference. It could mean the main difference among sleepless times and being properly well rested for an additional day packed with routines. Get in touch with your group. Social networking sites ensure it is very easy to get ideas out of your good friends and select their minds for information. Submit a matter about your location and you'll most likely garner a lot of replies. These instant replies are particularly useful if you are on the trip and looking for a spot to consume ASAP. Make sure your home does not appear vacant while you are apart. Arriving home to find that you are already robbed would be a horror. If you intend to get went for the substantial length of time, look at redirecting or having a close friend pick up your postal mail to suit your needs. To help make one of the most of vacation in another country, attempt to strategy no less than a few activities that aren't placed in traveler manual books or blogs and forums. This can be achieved by obtaining information and facts intended for and manufactured by local people, whether it be from classifieds, weblogs or people on twitter. Moving outside the visitor bubble can certainly make your vacation very much far more exciting and enjoyable. When you are traveling by using a pet, do not forget that most pet materials are better acquired in your location. For example, except when your pet dog is on the unique diet program, purchasing a case of pet food whenever you get there is much easier than attempting to move it. Bowls as well as other materials are identical way. When you are touring, spend money on money storage units that you could use in your apparel or sew basic pockets in to the inside your waistline music group. When you can not sew, question someone that can to accomplish it for you personally or bring it into a customize or seamstress, and request they sew an inside wallet for you. This will keep your possessions, detection and cash secure so you need not be concerned about someone stealing your journey travelling bag or budget. Now that you've obtained a few of the fundamentals on vacationing, tell your supervisor you are taking a holiday, get the airplane solution, fishing boat ticket or what ever means you plan on getting and go! Always be safe whether touring by itself or otherwise. Request directions and aid if you want it. Many people will never bite. Especially, Vacationing doesn't need to be a challenging point once you learn how to technique it. Take time to go through helpful content articles such as these along with your following journey may be planned minus the common inconvenience. If you're ready to commit some time and concentrate on your vacation strategies, you can do the filthy function up front and savor a stress-cost-free trip.

  • Comment Link Antoine Rua Montag, 23 November 2020 13:19 posted by Antoine Rua

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