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Montag, 17 Juni 2013 13:46

Familiennachzug

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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

1752 comments

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

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

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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

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

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