Family reunification after an entry ban requires separate review of the NAG application, the bar effect and family evidence.
Mag. Mirela Saric
Attorney at law · German and BCS
Mirela Saric assists clients in immigration matters with a clear structure: review the decision, secure deadlines, define the strategy and act quickly. She advises in German and Bosnian/Croatian/Serbian.
After an entry ban, family reunification often appears as a NAG issue. Legally, that is not enough. The new application, the bar effect and a possible section 60 FPG request must be reviewed separately.
This article is not a general NAG guide. It concerns spouses, children and relatives where reunification is planned despite an existing or previous bar.
The key preparation is a clean separation: what concerns the NAG application, what concerns the entry ban and what proves family life?
Answer the short assessment. The result shows which documents and next steps fit this focus.
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Family reunification, the NAG application and the entry ban must not be mixed. The active bar is decisive.
The legal assessment depends on the decision, service, previous steps and concrete evidence. Without that basis, the review stays too general.
Sort the documents by date and evidence topic. This shows which point is already supported and what is still missing.
Whether an application, appeal or preparation makes sense depends on the current status. The operative part, duration, service and earlier decisions matter.
Only then can it be assessed whether section 60 FPG, Article 8 ECHR, a NAG issue or SIS correction is central.
If the situation is unclear, rushed steps can cause harm. This applies especially to travel plans, new applications, passport data or voluntary return.
A short legal review helps separate a safe course from mere assumptions.
A NAG application examines purpose of residence, means, accommodation and further grant requirements. An entry ban concerns the immigration-law bar and whether entry or residence is currently possible.
The article on a new NAG application despite an entry ban explains the general hurdles. This article is narrower and focuses on family reunification.
If the entry ban is still running, reunification cannot be planned on hope alone. It must be checked whether section 60 FPG or another step comes first.
Family evidence must be concrete. Marriage certificates, birth certificates, custody documents, shared household evidence, communication, visit documents and proof of actual dependency may matter.
With children and spouses, Article 8 ECHR is often central. Even so, a family tie does not automatically replace assessment of the bar.
The article on family and private life explains the general proportionality assessment.
The right timing depends on whether departure has occurred, whether the entry ban is still active and whether a lifting or shortening request is pending.
A short table with decision date, service, departure, family events and previous applications is useful in practice.
Where suspicion of a marriage of convenience or deception exists, arguments must be handled carefully. See the article on marriage of convenience and deception allegations.
Newsletter: Developments on residence, family and entry-ban issues can be followed through the Brandauer newsletter.
That depends on the status of the bar and the purpose of the application. An application should not be filed in isolation while the entry-ban effect is unclear.
Section 60 FPG may matter where lifting or shortening the existing ban is assessed. That is separate from the NAG grant requirements.
Concrete family documents, residence records, chronology, service documents and evidence of how separation works in practice are important.
In immigration law, deadlines and the right argumentation decide. Call us directly or send an email, callback within one business day.
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