Even if you are a third-country national, if your spouse is a citizen of a member state of the EU or EEA, they are entitled to freedom of movement and can therefore live and work in Germany without restrictions. All they need to enter the country is a national identity card.
If you are a citizen of a member state of the EU or EEA but your spouse is not, they must apply for a visa for spouses joining their partners. If your spouse holds a residence permit for another EU state, they do not need a visa to enter Germany. You can have more information from the local German embassy in your spouse's country of origin.
However, citizens of Andorra, Australia, Brazil, Canada, El Salvador, Honduras, Israel, Japan, Monaco, New Zealand, San Marino, Republic of South Korea, the United Kingdom of Great Britain and Northern Ireland and the United States of America can obtain a temporary residence permit after entering the country.
When you are both non-EU citizens (or you are EU but your partner is non-EU), here are the general requirements to bring your spouse to Germany:
ⓘ Exceptions to the language requirement – Your spouse does not require any knowledge of German to obtain a visa or residence permit if: – You are a holder of an EU Blue Card, an ICT card or a Mobile ICT card. – You are in possession of a residence permit according to Section 18c (3), Section 18d, Section 18f or Section 21 of the German Residence Act (AufenthG). – You are a citizen of Australia, Canada, Israel, Japan, the Republic of Korea, New Zealand, the United States of America, or the United Kingdom of Great Britain and Northern Ireland (British citizens and certain holders of other British citizenship from the Channel Islands and Gibraltar or the Isle of Man).
Bringing your children to Germany
If your children have citizenship from EU or EEA, they do not require a visa to enter Germany and can live and work in Germany without restriction.
When they are non-EU/EEA citizens, they will usually need visa to enter. If you and your spouse hold temporary resident permits for Germany, your children (under 16 years of age: (Section 32 German Residence Act (AufenthG)) will also receive a permit to be able to join you, if they fulfill the following criteria:
ⓘ Age of the children is important There could be special requirements if your children are over 16 years old. Please consult your local German Embassy in this situation.
How to bring your spouse to Germany
Keep in mind that Germany recognizes same-sex marriages since 2017
If your spouse is still in another country and needs a visa to enter Germany, don't forget that you need to be able to prove that you are married or in a civil partnership. It can usually be done by providing a passport, wedding certificate, etc. Ask your local German embassy what other documents might be required.
Once your partner arrives in Germany, you need to go and register with the local authorities, along with the documents that show you are married, and then contact the local Immigration Authority ASAP (as the process might take some time) regarding the family reunification process. This is similar to what you did/do with your own residence permit application. The Immigration Authority will inform you regarding the documents you need and your appointment, after you contact them.
Once right of residence has been granted, your newly arrived spouse is immediately entitled to take up any kind of employment in Germany.
My children are already 18
If your children are already 18 years old, they must usually apply for a seperate resident permit of their own. Again, consult your local German Embassy for more information.
Birth of a child
If at the time of birth, you hold a residence permit, your child will also be granted one.
If either parent is German, your child automatically obtains German citizenship at birth.
ⓘ I'm a single parent, can I bring my child/children with me? If you obtain the consent of the other parent entitled to custody, you can.