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 their parents' long-term stay and whether their parents can stay in Germany permanently. A distinction must first be made between skilled workers and foreigners who have not completed qualified training. From 01.03.2024, it will be easier for skilled workers to bring their parents to Germany. For all other foreigners, however, parental reunification will continue to be difficult.

 

a) Parental reunification for skilled workers (especially EU Blue Card)

With the new reform of immigration law in 2023/2024, the legislator has now for the first time created parental reunification for skilled workers (in particular for holders of an EU Blue Card). In order to make use of this, however, the foreigner living in Germany must hold one of the following residence titles

 

• EU Blue Card,

• ICT card or mobile ICT card,

• Residence permit for managers, executives, company specialists,

• academic specialist or specialist with vocational training,

• scientists,

• self-employed persons.

 

There are other options for reunification with parents (including reunification with parents-in-law) for skilled workers, although some of these are very case-specific. If in doubt, a specialist lawyer for migration law can advise you on this.

 

However, it should be noted that in order to obtain a visa for parents to come to Germany, you must be able to support yourself. In concrete terms, this means that there must be enough money to feed the entire family. In practice, this means not only sufficient 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 the reunification of parents of skilled workers, it is therefore mandatory to ensure their livelihood including health insurance (in contrast to other cases of parental reunification).

 

b) Reunification of parents 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 mandatory. Applying for a D visa for your parents can therefore be an option under certain conditions if your parents wish to join you in 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. As a rule, spouses and children are required to join their parents. According to the intention of the legislator, the spouse and children form the "nuclear family", which must be given special protection under the constitution. 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 the reunification of spouses and children. 

 

In order to apply for a long-term visa for parents, it is therefore necessary to fulfill 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 foreigner living in Germany is under the age of 18, the parents can apply for a visa to join their parents under simplified conditions. In the event that the foreign national living in Germany is no longer a minor, the following conditions apply.

 

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". "Exceptional 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. However, it is clear that exceptional hardship is a major hurdle for many applicants, as the situation must be special. For example, a parent's need for care and support may be considered. 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 specialist lawyer for migration law whether the necessary requirements for parental reunification are met in your case. A lawyer specializing in migration law will be able to assess whether there is "exceptional hardship" in your case and whether it is therefore possible to bring your parents to Germany permanently.

 

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. This means that your parents must be able to support themselves. The easiest way to fulfill 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".

 

In practice, however, it is always problematic whether parents can obtain affordable health insurance for their parents, as health insurance for elderly people is sometimes very expensive. However, when applying for a visa to join parents, the embassies also have the option of waiving the requirement to provide a means of subsistence. However, these are exceptional cases. If in doubt, a lawyer specializing in migration law can advise you on when such an exceptional case exists.