If they have been notified by the Foreign Ministry of the sending State (in accordance with Article 10 of the Vienna Convention on Diplomatic Relations or Article 24 of the Vienna Convention on Consular Relations), the Federal Foreign Office will register the following persons as family members of a home-based member of the mission for the duration of the latter’s posting (at least three months).

At the end of the home-based member of the mission’s posting, the family members, too, are required to leave the country. An extension of their stay in Germany is generally not possible. Exceptions to this rule (e.g. adult children remaining to complete a course of study) are subject solely to the standard statutory provisions regarding foreigners and rights of residence. They then are the exclusive responsibility of the local immigration office.

Spouses and registered partners

The spouse will receive the same category of protocol card (Protokollausweis) as the home-based member of the mission. This also applies to same-sex couples if their marriage is valid under the laws of the sending State.

Only in a very few cases are there still same-sex partnerships for which the sending State does not allow marriage. If this partnership is analogous to the civil partnership provided for under German law up until 2017, and remains recognised, the partner will receive the same category of protocol card as the home-based member of the mission. Confirmation and proof of the civil partnership must be provided when registering the partner. A further requirement is that the partner has been issued with a diplomatic or service passport by the sending State.

Partners

Partners, whether same-sex or different-sex, with whom the home-based member is not living in a legally formalised relationship that is recognised in Germany can enter and stay in Germany as a member of the household with the home-based member of the diplomatic mission or career-consular post. They will receive a category S protocol card that permits them to reside in Germany without any privileges and immunities.

The prerequisite is that reciprocity is guaranteed by the sending State and that a written guarantee is given that the costs of their stay will be met by the home-based member; this must include the obligation to take out comprehensive health insuranc. (Annex PA4 ENG)

Partners with joint parental custody of children

Partners of a home-based member of the mission with at least one child for whom they share joint custody with the home-based member will, on the other hand, be issued with the same category of protocol card as the home-based member, as will the child of which they have joint custody. The prerequisite is that they live in a joint household, proof is provided of joint custody, and reciprocity is guaranteed by the sending State.

Unmarried minor children who live permanently in the home-based member’s household

Unmarried minor children who live permanently in the home-based member’s household will receive the same category of protocol card as the parent who is a home-based member of staff.

Children who do not live in Germany and just come to visit their parents cannot be registered. They are subject to normal provisions of foreigners law. If all requirements of visa law are met, the responsible German mission abroad may issue them, upon application, with a visa allowing them multiple entries into Germany and stays in Germany of 90 days in each half year.

Unmarried adult children who live permanently in the home-based member’s household

Unmarried children who have attained the age of majority but are under 25 and who are financially dependent upon their parents will be registered as family members in the same category as the home-based member, provided they live in the home-based member’s household in Germany.

For children who have attained the age of majority, are single and are aged 18 or over, confirmation that they are members of the household and financially dependent on the home-based member is required for each extension (Annex PA3 ENG).

Unmarried children who have attained the age of majority and are aged from 21 to 25 will receive a protocol card with a shorter period of validity, in each case one year. Here, too, confirmation that they are members of the household and financially dependent is required for each extension (Annex PA3 ENG).

All other adult children living elsewhere in Germany for other purposes (including studies or vocational training) are subject to normal provisions of foreigners law and must apply for the appropriate residence permit from the foreigners authority responsible for their place of residence.

This regulation applies unless otherwise agreed on reciprocity..

Holders of dual nationality

Family members who have German nationality – irrespective of whether they hold only German nationality or have dual nationality – are treated solely as German nationals. They are not issued with a protocol card.

Shared household

In order to register family members, they must live with and maintain a shared household with the home-based member of the mission for the duration of their stay in Germany.