Current as of 4 October 2026.
Short answer. The principal applicant is assessed for late-resettler status under section 4 BVFG. Their spouse and descendants may participate through inclusion in the Aufnahmebescheid under section 27 BVFG; this family category is commonly called ‘section 7’. For other accompanying relatives, ‘section 8’ refers to participation in allocation and does not itself grant either a residence permit or German citizenship. Each person’s route must therefore be determined separately.
One family may include the principal applicant, an included spouse and children, and a relative with an independent basis for residence. Sharing a surname, relocating together and having a German ancestor do not give them all the same legal status. Legal bases: §4, §7, §8 and §27 BVFG.
This article helps you map out the family arrangement before applying. General requirements and procedural stages are explained in our guide to the late-resettler programme. Here, we focus on who can be included with whom and which circumstances affect the relocation plan.
- What sections 4, 7 and 8 mean for the family
- Family checklist before applying
- Spouses, language and three years of marriage
- Six fictional family scenarios
- When to include the family and what to report after applying
- Documents to collect for the family plan
- When German citizenship is acquired
- Frequently asked questions
- Start by reviewing your family arrangement
What sections 4, 7 and 8 mean for the family
Section 4 — the principal applicant
In legal terms, a late resettler is a person who independently meets the BVFG requirements. German ethnic affiliation, descent, residence circumstances, compliance with the admission procedure and other statutory requirements are assessed. Having a German grandfather does not mean that the status has already been established.
For the standard route under section 4, the date of birth matters: before 1 January 1993, meaning no later than 31 December 1992. The law says ‘before 1 January 1993’. A person born on 1 January 1993 is therefore outside this wording. However, the principal applicant’s date-of-birth limit does not apply to descendants being included. Source: §4 BVFG.
The principal applicant is the Bezugsperson: the person whose admission decision forms the basis for the family’s inclusion. Their Aufnahmebescheid and the decision including relatives must be distinguished. A positive document for one person does not confirm everyone else’s participation.
Section 7 — included spouses and descendants
In everyday usage, ‘moving under section 7’ means a late resettler’s spouse or descendant participates in the family procedure. Section 7 BVFG itself describes the legal status of these family members and the application of certain provisions of the Act to them. Section 27 BVFG establishes the mechanism for inclusion in an Aufnahmebescheid.
Descendants include children, grandchildren and great-grandchildren. An adult son or daughter does not lose the possibility of inclusion solely because of age or their own marriage. However, each person is assessed separately, and inclusion must be expressly requested by the principal applicant. Under the general rule in section 27(2), a spouse or descendant being included must live in the Aussiedlungsgebiet — the area of origin within the meaning of the BVFG, not simply any country outside Germany. The absence of exclusion grounds under section 5 BVFG is also checked for each person. Legal bases: §27 BVFG, section 7 BVFG, official description of admission on the Federal Portal.
Section 8 — participation in allocation
Section 8 BVFG is entitled ‘Verteilung’, meaning ‘allocation’. Subsection 2 allows family members arriving together with a late resettler to be included in the allocation process even if they do not meet the requirements of section 7(2).
This is the origin of the informal expression ‘section eight’. It is used, for example, when discussing the relocation of an included adult child’s spouse. However, section 8 BVFG is not an independent residence title. The person’s right to enter and reside in Germany must be established separately under the applicable immigration rules. Participation in allocation is not the same as inclusion in an Aufnahmebescheid with its citizenship consequences. Source: §8 BVFG.
Family checklist before applying
The table shows which questions need checking. It does not replace a BVA decision or establish a right to relocate.
| Family member | Route to consider | What to check | Documents to prepare for an assessment |
| Principal applicant | Independent eligibility under section 4 | Date of birth, descent, residence, language and other requirements | Birth and descent documents, evidence of residence and previous BVA decisions |
| Spouse of the principal applicant | Inclusion under section 27 if the requirements are met | Duration of marriage, residence, German language skills and circumstances of previous marriages | Marriage certificate, divorce documents and language evidence |
| Children and grandchildren aged 18 or over | Inclusion as descendants | Unbroken family relationship chain, residence, basic German and exclusion grounds under section 5 | Birth certificates for every link in the family chain, name changes and language evidence |
| Descendants under 18 | Inclusion taking the parents’ situation into account | Age at resettlement; participation of the parents or the parent with custody | Birth certificates, custody documents and required consents |
| Spouse of an adult descendant | Separate assessment of entry and residence; possible participation in allocation | Independent legal basis, visa requirements and arrangements for joint entry | Marriage certificate, passports and decisions in the family case |
| Parents and siblings of the principal applicant | Independent eligibility or a separate immigration route | Independent eligibility under the BVFG or another basis for relocation | Documents establishing the family relationship and circumstances of the proposed route |
The family relationship is established in relation to a specific principal applicant. The principal applicant’s mother is not their descendant. Conversely, the applicant may be their mother’s descendant if the mother participates as the principal applicant and meets the requirements. Rearranging names in a form does not resolve the issue: the chosen principal applicant’s own eligibility must be assessed.
Official guidance on family composition: Federal Portal on admission and on subsequent inclusion.
Spouses, language and three years of marriage
For inclusion of the principal applicant’s spouse, section 27(2) requires the marriage to have existed for at least three years. The length of the relationship or cohabitation before the marriage does not replace this period. The spouse must also meet the other requirements for inclusion.
Spouses and adult descendants need basic German language skills. The official description of the procedure identifies this as level A1. The law treats minor descendants separately: the language requirement for adults does not apply to them. If a child is approaching 18, check the conditions in their decision and the requirements at the planned time of resettlement in advance. Do not assume that their age when the first application was made remains decisive indefinitely.
The law allows an exception where a spouse or adult descendant cannot possess basic German language skills because of a physical, mental or psychological illness or a disability. A diagnosis, advanced age or a failed examination does not automatically establish the exception: the legally specified inability and evidence of it are what matter. Sources: §27(2) BVFG, Federal Portal on language requirements.
The three-year rule concerns marriage to the principal applicant. If a daughter is included as a descendant, her own three-year marriage does not turn her husband into her father’s descendant or give him the same route to inclusion.
Six fictional family scenarios
All names and circumstances below are fictional. These are educational examples of what to check, not client cases or definitive conclusions about a family’s right to relocate.
1. Principal applicant, spouse and child
Alexander was born in 1980 and his wife Marina in 1984; their daughter is 12. They married ten years ago. All of them live in the country of origin.
Alexander’s own eligibility under section 4 is checked first. Marina is considered for inclusion as a spouse, including the language and other requirements. The daughter is considered for inclusion as a minor descendant. The family must ensure that the necessary decisions cover all three people and that the child’s and parents’ details match across the documents.
What changes the plan: if Alexander does not meet his own requirements, the duration of marriage and family relationship alone cannot replace the basis for the family case. §4, §27 BVFG.
2. An adult daughter born after 1992
Irina was born in 1966 and her daughter Olga in 1996. Olga is already 30, works and lives independently.
Irina’s own eligibility is assessed. Olga may be considered for inclusion as an adult descendant if the necessary conditions are met. Being born after 1992 does not mean Olga is ‘too young for the programme’ or must be treated as a minor. The issue here is family inclusion, not her independent eligibility under section 4.
What to prepare: the family relationship chain, information about Olga’s residence and evidence of basic German. §4 BVFG, official description of the inclusion of children.
3. A daughter, her husband and their child
Olga from the previous example has a husband, Sergey, and an eight-year-old son. They all want to relocate together with Irina.
Olga is Irina’s daughter, and Olga’s son is Irina’s grandson. Both are considered for inclusion as descendants. For the minor child, the statutory connection to inclusion of the parents or the parent with custody matters.
Sergey is Irina’s son-in-law. Marriage to her daughter does not make him Irina’s descendant. His possible joint arrival and participation in allocation must be consistent with a separate basis for entry and residence.
What changes the plan: a positive decision for Olga cannot be read as permission for her husband to relocate on the same terms. §27, §8 BVFG.
4. The marriage was registered a year ago
Viktor is considering relocation as the principal applicant. He and Elena have been together for seven years, but they officially married only a year ago.
The length of the relationship is not enough for Elena’s inclusion as a spouse: the statutory duration of marriage must be checked. The family should compare the timing, the circumstances of the case and a possible separate route for Elena. Neither living together nor already having an A1 certificate removes the three-year requirement on its own.
What to establish before buying tickets: the basis on which Elena can enter, the document allowing her to stay and whether the chosen family plan can be carried out at the same time. §27(2) BVFG.
5. The principal applicant already lives in Germany
Natalia resettled in Germany, while her adult son remained in the country of origin and now wants to join her.
The possibility of subsequent inclusion (nachträgliche Einbeziehung) needs to be checked. The law provides this mechanism for a spouse and descendants who remain in the Aussiedlungsgebiet when the late resettler is permanently resident in Germany, subject to the other requirements.
What to prepare: Natalia’s previous decisions, her son’s documents, and information about his residence and language skills. If he has already moved to a third country, this is a material consideration, not a formality. Federal Portal on subsequent inclusion.
6. A grandmother wants to relocate with her grandson without his parents
Elena plans to apply as the principal applicant and take her ten-year-old grandson with her. His parents do not currently plan to relocate.
The fact that the child is the grandmother’s direct descendant does not remove the question of parental participation. Section 27(2) links a minor’s inclusion to inclusion of the parents or the parent with custody. The child’s family-law situation and whether the proposed arrangement is permissible must be clarified.
What must not be assumed: that ordinary parental consent for travel is enough to include the child in the programme. Consent to travel and admission requirements under the BVFG address different issues. §27(2) BVFG.
When to include the family and what to report after applying
For joint resettlement, it is best to establish the family arrangement before departure. List everyone who plans to move and check for whom inclusion has actually been requested. Once the documents arrive, verify each person’s name, date of birth, legal basis and conditions.
If the principal applicant has already resettled, there is a separate procedure for subsequent inclusion of a spouse and descendants who remained behind. This must not be confused with a relative who has already come to Germany without proper inclusion. Section 27(1) provides a special exception for people in Germany without an Aufnahmebescheid where refusal would cause particular hardship (besondere Härte). It should not be relied on as a normal route of ‘arrive first, complete the paperwork later’. §27 BVFG.
A child’s birth, marriage or divorce, changes in custody, a move to another country and the principal applicant’s death must be reported in the case, and the family arrangement must be reassessed. The law expressly provides circumstances in which inclusion ceases to be effective. Having already received a document does not allow subsequent changes to be ignored.
Section 27(2) contains a special rule for a child born outside the Aussiedlungsgebiet during the resettlement process, before the principal applicant’s certificate under section 15(1) is issued (Ausstellung). If this applies to you, give the BVA the exact dates of birth and procedural milestones rather than trying to assign the child a ‘section’ based on a forum example. §27(2) BVFG.
Documents to collect for the family plan
Start with a small file for assessment rather than ordering every possible certificate:
- A family overview with dates of birth, relationship to the principal applicant, current country of residence and planned relocation date.
- Birth, marriage and divorce certificates, and documents recording changes of first or last name. For grandchildren, the chain through the parent must be documented.
- Adoption, parental responsibility or guardianship documents where relevant to the child.
- Available language evidence; if an exception is being considered, documents relating to the circumstances specified by law.
- All previous decisions and relevant correspondence with the BVA, including refusal and inclusion decisions.
This is an initial set of documents for understanding the arrangement, not a universal, exhaustive application checklist. The BVA sets the requirements for the evidence and its form; visa documents must also be checked separately. When preparing documents, refer to the BVA’s official requirements for documents and certificates. For detailed guidance on organising the file, see our article on documents for late resettlers.
When German citizenship is acquired
Being related to a late resettler does not mean that the whole family acquires citizenship at the same time. Under section 7 StAG, late resettlers and family members included in the Aufnahmebescheid acquire German citizenship upon issuance (Ausstellung) of the relevant certificate under section 15(1) or 15(2) BVFG. The decisive event is issuance by the BVA, not delivery of the document, address registration (Anmeldung) or processing at Friedland. Section 15(1) concerns the late resettler’s own certificate; section 15(2) concerns an included spouse or descendant. Source: §15 BVFG.
An Aufnahmebescheid, entry into Germany, participation in allocation and issuance of the certificate are therefore distinct legal events. The same outcome cannot be promised to a relative who merely accompanies the family and participates in allocation under section 8(2). Their position must be assessed on their own legal basis. Sources: §7 StAG, §8 BVFG.
Frequently asked questions
Yes. Being an adult does not in itself exclude a descendant from inclusion. The family relationship, residence, language and other requirements are checked. This also applies to adult grandchildren. §27(2) BVFG.
Independent eligibility under section 4 and inclusion as a descendant must be assessed separately. For the latter, a birth date after 1992 is not in itself a bar. §4 BVFG, Bundesportal.
Not automatically. He is not your descendant. His independent basis for entry and residence must be checked, along with participation in allocation if the relevant conditions are met. §8 BVFG.
Family inclusion is available to the spouse and descendants of a specific principal applicant (Bezugsperson). Parents and siblings are not part of these categories. They may have an independent basis, which must be assessed separately. Bundesportal.
The basic-language requirement applies to spouses and adult descendants. For a minor approaching 18, clarify the decision’s conditions and the planned resettlement date in advance. §27(2) BVFG.
The law provides an exception if a person cannot possess basic German skills specifically because of an illness or disability covered by the provision. The exception must be substantiated; a diagnosis alone does not automatically grant an exemption. §27(2) BVFG.
The law permits subsequent inclusion of descendants who remained in the Aussiedlungsgebiet, provided the conditions are met. Before travelling separately, review the entire family arrangement and the consequences of the planned sequence. Official description of the procedure.
No. Family information must be distinguished from inclusion that has been expressly requested and formally granted. Check the decisions and conditions for each participant, not just the list of names in the application. §27(2) BVFG.
Do not assume this. Check the inclusion documents, visa requirements and legal basis for each relative. An accompanying family member may need a separate immigration route. Federal Portal on the admission procedure.
Start by reviewing your family arrangement
Before assembling the full application, list exactly who plans to relocate, where each person currently lives, dates of birth and marriage, and any BVA decisions already received. This helps identify early on anyone who needs a separate basis or a child whose approaching adulthood affects preparation.
Contact FIRMDER for an assessment of your family’s situation. Once the documents have been reviewed, an individual plan can be drawn up: who is considered as the principal applicant, whose inclusion needs checking, who requires a different route and which questions must be resolved before departure. The competent authority makes the final decision on admission and inclusion.
This article provides general information. Whether a particular person can relocate requires an assessment of their documents and individual circumstances.
