HERE YOU LEARN ...
... what options there are for parents to join their children
... how to apply for parental reunification as an EU Blue Card holder
... when you can apply for a Schengen visa for your parents (short-term visits)
... when you can get a long-term D visa for your parents (permanent residence)
... which documents and requirements are necessary for parents to join them
Written by:
Attorney
Publication date:
09.03.2024
Reading time
11 mins
Table of Content
2. Long-term visa for parents (National visa/D visa for parents)
2.1 Parental reunification for skilled workers (especially EU Blue Card)
2.2 Parental reunification in other cases (so-called "exceptional hardship")
3. Processing time for a visa for parents to join their children
4. Application process D-visa parents
5. Can the parents stay in Germany permanently?
6. FAQ Parental visa Germany
1. Tourist visa for parents
The most common variant of parental reunification is the short-term tourist visa (Schengen visa) in accordance with Section 6 of the Residence Act. In accordance with European legal requirements, the Schengen visa usually allows a stay of up to 90 days within 180 days. However, it can also happen that the embassies issue a visa for a shorter period. The requirements for issuing a Schengen visa for parental reunification are basically the same as for any other Schengen visa (see our VISAGUARD article on the Schengen visa ).
In practice, however, the so-called “willingness to return” or “readiness to return” of the parents is regularly problematic. Many Schengen visas (particularly when parents join their children) are regularly rejected because the embassies simply do not believe that the applicant will leave Germany again after the visa expires. From a legal perspective, this option is actually open to the embassies, as the issuing of tourist visas for parents is at the discretion of the embassies (so-called “optional provision”, Section 40 VwVfG). Since overstaying or even permanent residence in Germany is a violation of German residence law, the embassies assume that the interests of the Federal Republic of Germany are at risk if there is no willingness to return. The threatened violation of law in the form of a lack of willingness to return is therefore a reason for refusing to issue Schengen visas for parents (see, for example , Berlin Administrative Court, judgment of October 26, 2012, 22 K 30.12 V ).
The assessment of the willingness to return and the requirements for willingness to return vary from country to country. For example, when entering from western countries, it is often sufficient to present a return ticket. The embassies then trust that the parents of the person in question in Germany will leave Germany on the plane ticket after the parental visa expires. In many countries, however, the embassies are much more precise when assessing the willingness to return (especially Pakistan, Turkey, India and African countries). The embassy in Islamabad/Pakistan in particular stands out here with extremely high requirements that are very difficult for applicants to fulfill. In addition to the already very extensive documents that must be submitted to the embassy in Islamabad for parents to join them , the Islamabad embassy often requires proof of the parents' "economic roots" in Pakistan (e.g. work, property ownership or strong social integration). This is to ensure that the parents actually return to Pakistan (predictive decision). Whether the corresponding economic connection actually exists is often the subject of court and remonstration proceedings before the Berlin Administrative Court (all lawsuits against all German embassies in the world are heard before the Berlin Administrative Court (see Section 52 No. 2 VwGO). Whether or not there is a willingness to return cannot therefore be answered in general terms, but only on a case-by-case basis. A lawyer specializing in visa law can advise you accordingly.
2. Long-term visa for parents (National visa/D visa for parents)
For many people, it is unclear whether it is possible to bring their parents to Germany permanently or whether it is possible to apply for a visa for the parents' long-term stay and whether the parents can stay in Germany permanently. First of all, a distinction must be made between skilled workers and foreigners who have not completed qualified training. For skilled workers, it will be easier for their parents to join them from March 1, 2024 (Section 36, Paragraph 3 of the Residence Act). For all other foreigners, however, it will still be difficult for their parents to join them.
2.1 Parental reunification for skilled workers (especially EU Blue Card)
With the new reform of immigration law in 2023/2024, the legislature has now created a parental and in-law reunification option for skilled workers (especially for holders of an EU Blue Card) in Section 36 Paragraph 3 of the Residence Act. In order to make use of this, however, the foreigner living in Germany must have one of the following residence permits:
Blue Card EU,
ICT card or mobile ICT card,
Residence permits for executives, senior managers, business specialists,
academic professional or professional with vocational training,
Scientist,
Self-employed.
There are other options for parents (including parents-in-law) to join skilled workers, but some of these are very specific to individual cases. If in doubt, a specialist immigration lawyer can advise you on this .
However, it should be noted that for a visa for parents to come to Germany , the parents' livelihood must be secured (Section 5 Paragraph 1 No. 1 of the Residence Act). In concrete terms, this means that there must be enough money to support the entire family. In practice, this means not only enough money for the parents' rent, but above all that the parents need health insurance. For older people, health insurance in Germany can be very expensive (especially if both parents want to come to Germany). The embassy cannot deviate from this requirement when applying for a visa. For parents joining skilled workers, securing a livelihood including health insurance is therefore mandatory (in contrast to other cases of parental reunification). Finally, it is imperative that the skilled worker residence permit was issued after March 1, 2024 (see Section 36 Paragraph 3 Sentence 1 of the Residence Act). All "old cases" are therefore excluded.
2.2 Parental reunification in other cases
In principle, it is possible to bring any family member to Germany. An EU Blue Card or a skilled worker visa is therefore not absolutely necessary. Applying for a D visa for your parents can therefore be an option under certain conditions if the parents want to move to Germany.
Requirements for bringing parents to Germany
Compared to other visas, however, there are higher requirements for the family reunification of parents if the applicant is not a skilled worker. The most common type of reunification is the reunification of spouses and children. According to the will of the legislator, the spouse and children form the "nuclear family" and are to be particularly protected under the constitution. The constitutional protection of the family (which also applies to foreigners) also applies to all other family members (including parents and siblings, for example), but is significantly weaker than the reunification of spouses and children.
In order to apply for a long-term visa for parents, it is therefore necessary to meet the strict requirements of the law. First of all, a distinction must be made as to whether the foreigner is still a minor or not. If the foreigner living in Germany is still younger than 18, the parents can apply for a visa to join their parents under simplified conditions. In the event that the foreigner living in Germany is no longer a minor, the following requirements apply.
2.3 Existence of “exceptional hardship”
According to the concept of the law, for the reunification of “other family members” (i.e. parents, grandparents, brothers-in-law, uncles/aunts, nephews/nieces), it is necessary that the parents’ reunification is “necessary to avoid exceptional hardship”. “Extraordinary hardship” is a legal term that is very open to interpretation . What constitutes exceptional hardship and what does not always depends on the circumstances of the individual case and cannot be answered in general terms. It is clear, however, that exceptional hardship is a major hurdle for many applicants, as the situation must be special. For example , the parents’ need for care and if support for the parents is necessary can be considered. However, whether the parents are so in need of support that the requirement of “extraordinary hardship” is met can only be answered on a case-by-case basis. Here, the smallest details of the facts are sometimes important, which is why in practice many court cases are conducted regarding the reunification of parents. You should therefore ask a specialist lawyer for immigration law whether the necessary requirements for the parents’ reunification are met in your case. A lawyer specializing in migration law can, after knowing the relevant information, assess whether there is an “exceptional hardship” in your case and whether it is therefore possible to bring the parents to Germany permanently.
2.4 Securing livelihoods
If your parents are eligible to apply for a long-term visa (D visa/national visa), then their livelihood must still be secured. This means that your parents are able to support themselves. The easiest way to meet this requirement is if your parents find a job in Germany . If this is not an option, it is also possible for the foreigner living in Germany to sign a so-called “declaration of commitment” .
When it comes to securing a livelihood for parents, however, it is often problematic in practice whether the parents can obtain affordable health insurance, as health insurance for older people can be very expensive. However, when applying for a visa for parents to join their parents, the embassies also have the option of waiving the requirement to secure a livelihood. However, these are exceptional cases. If in doubt, a lawyer specializing in immigration law can advise you on when such an exceptional case applies.
3. Processing time for a visa for parents to join their children
When applying for a visa for the long-term stay of parents in Germany, it is often problematic that the processing of visa applications can take a very long time (unless it is an urgent case). In this respect, the embassies primarily process visas for the immigration of skilled workers and medical and humanitarian emergencies. Only then are visas for family reunification processed.
In 2023, for example, the German embassy in Islamabad will have extremely long processing times for visas for family reunification . There are currently almost 1,500 people on the waiting list, so applying for an appointment can take several years. This is especially true because the list is not simply processed by the embassy, but other people (e.g. emergencies) are always given priority. Since the German embassy in Islamabad is extremely overloaded, it can happen that an application is never processed. The only solution to this problem is to hire a migration lawyer to enforce the right to family reunification. If certain conditions are met, a lawyer has the option of suing the embassy to obtain the coveted visa (so-called “action for failure to act”).
In 2023, for example, the German embassy in Islamabad will have extremely long processing times for visas for family reunification . There are currently almost 1,500 people on the waiting list, so applying for an appointment can take several years . This is especially true because the embassy does not simply work through the list, but always gives priority to other people (e.g. emergencies). Since the German embassy in Islamabad is extremely overloaded , it can happen that an application is never processed. The only solution to this problem is to hire a migration law attorney to enforce the right to family reunification. If certain conditions are met, a lawyer has the option of suing the embassy to obtain the coveted visa (so-called “action for failure to act”, Section 75 VwGO).
4. Application process D-visa parents
The possibility for parents of skilled workers to apply for a visa for Germany is a very new regulation. This change was only introduced with the last reform of the Residence Act and has been in force since March 1, 2024. This innovation now also enables parents of skilled workers living in Germany to obtain a residence permit and move to Germany to be with their children.
However, since this regulation is still very new, many German embassies and immigration authorities do not yet offer established processes for applying for the so-called parent visa. In practice, this means that there are often no special appointment categories, information sheets on the documents required or specific application forms. This lack of infrastructure means that applying for a visa for parents is currently associated with many uncertainties and challenges.
Despite these difficulties, applying for a parent visa is by no means impossible . Since March 1, 2024, parents of skilled workers have a legal right to this visa (see Section 36 Paragraph 3 of the Residence Act). If you encounter problems when applying, you can seek the support of a migration lawyer . An experienced lawyer can help you enforce your rights and speed up the process so that your parents can come to Germany to join you.
In summary: The parental visa regulations for skilled workers are new and still challenging in practice, but with the right legal support you can successfully overcome these hurdles.
5. Can the parents stay in Germany permanently?
If the application for a visa for the parents was successful, the parents can enter Germany. After registering the apartment (see Section 17 BMG), they can then convert the visa into a residence permit at the immigration office, which allows longer-term residence. The residence permit can then be converted into a settlement permit under certain conditions (Section 9 AufenthG), which in turn can be used to apply for naturalization (Section 10 StAG).
Further information on this can be found on the website of your responsible immigration authority (see the " BAMF Authority Finder ").
6. FAQ (parental reunification)
Who can apply for a parent visa in Germany?
Parents of skilled workers who work in Germany have been able to apply for a visa since the reform of the Residence Act on March 1, 2024. The prerequisite is that the child is recognized as a skilled worker in Germany and has a corresponding residence permit.
What documents are required for the parent visa?
Since the parent visa is a new regulation, many embassies and immigration authorities do not yet have set processes and information sheets. However, documents such as proof of family relationship, the child's residence permit, proof of health insurance and financial security are usually required. It is recommended to check with the relevant authority for the exact requirements.
Why is it currently difficult to apply for a parent visa?
Because the parent visa option is very new, many authorities have not yet developed clear application procedures. Specific appointment categories, application forms and detailed information are often missing, which makes the process complicated. However, there is a legal right to the visa and with legal support the application can be enforced.
How long does it take to get a parent visa?
The length of the application process can vary greatly, as many authorities do not yet have standardized procedures for the parent visa. It can take several months until all documents have been reviewed and appointments made. Early planning and legal advice can speed up the process.
What can I do if the authorities reject my application for a parent visa?
If your application for a parent visa is rejected or you encounter problems while applying, you have the option to take legal action. An immigration lawyer can help you enforce your rights and appeal the decision.
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Information on parental reunification in Berlin (government website)
BeckOK MigR/Zimmerer, 19 Ed. 1.7.2024, Residence Act § 36 Rn. 1 - 33
NK-AUslR/Oberhäuser, 3rd edition 2023, Residence Act § 36
