Parental Visa, § 36 AufenthG
All information on applying for a visa for parents in Germany (long-term and short-term parent visa).
Here you learn ...
... how to apply for parental reunification as a holder of an EU Blue Card
... when you can apply for a Schengen visa for your parents
... when you can get a permanent D visa for your parents
... which documents and requirements are necessary for parents to join them
Author
lawyer
Reading Time
11 minutes
Release Date
July 9, 2024
Table of Content
1. Tourist visa for parents
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 the reunification of parents
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 type of visa for parents to join their parents is the short-term tourist visa (Schengen visa, Section 6 of the Residence Act ). In accordance with European law, the Schengen visa usually allows a stay of up to 90 days within a 180-day period. However, it can also happen that the embassies issue a visa for a shorter period. The requirements for issuing a Schengen visa for parents to join their parents 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 ( see also BeckOK MigR/Zimmerer, 19 Ed. 1.7.2024, AufenthG § 36 Rn. 1 - 33 on this topic) . Many Schengen visas (especially when parents join their parents) are regularly rejected because the embassies simply do not believe that the applicant will leave Germany again after the visa expires. From a legal point of view, this option is actually open to the embassies, since the issuing of tourist visas for parents is at the discretion of the embassies (so-called "may" provision, § 40 VwVfG). Since overstaying or even permanent residence in Germany constitutes a violation of German residence law, the embassies assume that the interests of the Federal Republic of Germany are endangered if there is no willingness to return. The threat of a violation of rights in the form of a lack of willingness to return therefore constitutes a reason for refusing to issue Schengen visas to parents (see, for example, Berlin Administrative Court, judgment of 26 October 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 (see, for example, BeckOK MigR/Zimmerer, 19 Ed. 1.7.2024, AufenthG Section 36 Rn. 1 - 33). A lawyer specializing in visa law can advise you accordingly here.
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 legislator 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:
EU Blue Card,
ICT card or mobile ICT card,
Residence permits for executives, senior managers, business specialists,
academic professional or professional with vocational training,
Scientist,
self-employed people.
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 visa for skilled workers is therefore not absolutely necessary. Applying for a D visa for your parents can therefore be an option under certain conditions if your parents want to move to Germany.
Requirements for bringing parents to Germany
Compared to other visas, however, there are stricter requirements for family reunification for parents if the applicant is not a skilled worker. The standard case of reunification is the reunification of spouses and children. According to the will of the legislator, the spouse and the children form the ‘nuclear family’, which is to be particularly protected according to the constitution (Art. 6 GG). Although the constitutional protection of the family (which also applies to foreigners) also applies to all other family members (i.e. also to parents and siblings, for example), it is significantly weaker in comparison to spousal and child reunification.
In order to apply for a long-term visa for parents, it is therefore necessary to fulfil the strict requirements of the law. A distinction must first be made as to whether the foreigner is still a minor or not. If the foreign national living in Germany is under the age of 18, the parents can apply for a visa to join their parents under simplified conditions (see, for example, Section 36 (1) sentence 1 AufenthG). In the event that the foreign national living in Germany is no longer a minor, the following conditions apply.
2.3 Existence of ‘exceptional hardship’
According to the concept of the law, the reunification of ‘other family members’ (i.e. parents, grandparents, sisters-in-law, uncle/aunt, nephew/niece) requires that the reunification of parents is ‘necessary to avoid exceptional hardship’ (Sec. 36 (2) AufenthG). ‘Exceptional hardship’ is a legal term that is very open to interpretation (see detailed treatment of this topic in BeckOK MigR/Zimmerer, 19 ed. 1 July 2024, AufenthG Section 36 para. 1 - 33). What constitutes exceptional hardship and what does not always depends on the circumstances of the individual case and cannot be answered in general terms. However, it is clear that exceptional hardship is a major hurdle for many applicants, as the situation must be special. For example, parents who are in need of care or who need other support. However, whether the parents are in such need of support that the requirement of ‘exceptional hardship’ is met can only be answered on a case-by-case basis. It sometimes depends on the smallest details of the facts, which is why many court proceedings are conducted in practice regarding parental reunification. You should therefore ask a lawyer specialising in migration law whether the necessary requirements for parental reunification are met in your case. A lawyer specialising in migration law can assess whether there is ‘exceptional hardship’ in your case and whether it is therefore possible to bring your parents to Germany permanently. You can book an initial consultation with a lawyer specialising in migration law from Berlin with VISAGUARD, for example.
2.4 Securing your livelihood
If your parents are eligible to apply for a long-term residence visa (D visa/national visa), they must still be able to support themselves (Sec. 5 (1) No. 1 AufenthG; see also BeckOK AuslR/Maor, 42nd ed. 1 July 2024, AufenthG Sec. 5 para. 1 - 48). This means that your parents must be able to support themselves. The easiest way to fulfil this requirement is for your parents to 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’ within the meaning of § 68 AufenthG.
In practice, however, it is always problematic whether the parents can obtain affordable health insurance for their parents, as health insurance for elderly people is sometimes very expensive. However, the embassies also have the option of waiving the requirement to provide a means of subsistence when applying for a visa to join parents. However, these are exceptional cases. If in doubt, a lawyer specialising in migration law can advise you on when such an exceptional case exists.
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3. Processing time for a visa for the reunification of parents
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 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 of the Administrative Court Act).
If you are looking for an experienced and specialized immigration lawyer to file a claim for failure to act, please feel free to contact one of our independent VISAGUARD lawyers .
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 regulations on parental visas 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 their apartment (see Section 17 BMG), they can then convert the visa into a residence permit at the immigration office, which allows them to stay for a longer period of time. The residence permit can then be converted into a settlement permit under certain conditions (Section 9 AufenthG), which can then 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 ").
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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 (Section 36, Paragraph 3 of the Residence Act). 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 fixed 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 that you inquire about the exact requirements at the relevant authority. You can find out which embassy is responsible for your case using the "Consulate Finder" of the Federal Foreign Office .
Why is it currently difficult to apply for a parent visa?
Since the possibility of a parent visa is very new, many authorities have not yet developed a clear application process. Special appointment categories, application forms and detailed information are often missing, which makes the process complicated. Nevertheless, according to Section 36 Paragraph 3 of the Residence Act, there is a legal right to the visa, and with legal support the application can be enforced. You are welcome to commission one of our independent lawyers for this .
How long does it take to get a parent visa?
The duration 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 checked and appointments made. By law, the embassies are obliged to process the application for a parent visa within 3 months (so-called action for failure to act according to Section 75 VwGO ).
What can I do if the authorities reject my application for a parent visa?
If your application for a parent visa is rejected or if problems arise during the application process, you have the option of taking legal action. A lawyer specializing in immigration law can help you to assert your rights and appeal against the decision or to protest and sue against the rejection notice. Our independent VISAGUARD lawyers will be happy to help you with this .
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Further Information
Information on parental reunification in Berlin (government website)
BeckOK MigR/Zimmerer, 19 Ed. 1.7.2024, AufenthG § 36 Rn. 1 - 33
NK-AUslR/Oberhäuser, 3rd edition 2023, Residence Act § 36
