There comes a time when parents grow old, sick, frail. If they live separately, you can try to bring them to live with you. But what if the children live in an entirely different city or country, with no one nearby able to provide daily care — and the children themselves already have a family, a job, children of their own? What then?
Iryna (name changed) moved to Germany permanently more than 15 years ago. Her parents remained in Kazakhstan. As long as they were active and reasonably healthy, everything was fine: her father kept working, her mother kept house, went to the pool and visited exhibitions. Their daughter suggested they move to Germany to be with her, but they only ever came to visit, with no intention of relocating for good. But age gradually took its toll. Her father was hospitalized and underwent surgery. Their daughter, sick with worry, began flying to Kazakhstan more often, but her job made regular visits impossible. Later, once her parents had grown truly elderly, moving them to Germany became impossible, and such an upheaval would have been too much for them to bear anyway. All hope now rested on hired caregivers.
Special Reunification Cases
In individual cases (serious illness, childcare needs), family reunification is possible even without fully satisfying the formal requirements — a well-constructed legal justification plays the decisive role.
But then, one day, when her parents once again came to visit their daughter on a tourist visa, their health failed them entirely, and, given their critical condition, they could no longer travel back to Kazakhstan. It was then that Iryna turned to our law firm for help.
Faced with such a difficult situation, we were able to resolve their problem successfully. After painstaking work, gathering all the necessary documents, and negotiating with the immigration authority (Ausländerbehörde), we achieved the desired result. Under Section 25 of Germany's Residence Act (Gesetz über den Aufenthalt, die Erwerbstätigkeit und die Integration von Ausländern im Bundesgebiet, or AufenthG for short), her parents were granted permits to stay in Germany for three years. In this way, they were able to remain with their beloved daughter, who could provide them with the full care they needed.
We had previously published an article describing this family's long-awaited reunification in detail. You can always find and read it on our website.
As it turned out, however, this was not yet the happy ending to the story. Further problems soon arose that still needed to be resolved before our clients could live peacefully in Germany.
So, Iryna's parents had obtained their residence permits. But now the question of health insurance arose. Insurance was simply indispensable, since her ailing parents were in a serious condition and needed to see doctors regularly. Yet the insurance company simply refused to insure them.
Insurance companies are, as a rule, reluctant to enter into contracts with elderly people. An elderly person typically already has health problems, meaning the insurer will have to pay out. It is still possible to negotiate with insurers offering private cover, but obtaining statutory health insurance for people in a position like Iryna's parents is an extremely difficult task.
In our case, the parents' age and state of health likely also played a significant role in the refusal. The main, or "formal," reason for the refusal, however, was that Iryna's parents' residence permits were tied to their financial situation and means of subsistence. The insurance company relied on Section 5(1) No. 1 of Germany's Residence Act, which provides that, as a general rule, granting a residence permit requires proof of adequate means of subsistence.
Our negotiations dragged on for a very long time, with both the immigration authority and the insurance company. After extensive explanations, numerous requests and submissions from our law firm, we finally obtained a documented confirmation from the immigration authority. This confirmation stated that Iryna's parents' residence permits had been granted because of obstacles to their removal from the country — specifically, their serious state of health, which prevented them from leaving. This, in itself, exempted them from any obligation to prove financial solvency. In addition, they had a guarantee from Iryna's daughter, who assumed financial responsibility for them. On the basis of this confirmation from the immigration authority, we were able to reach an agreement with the insurance company, which subsequently concluded a statutory health insurance contract with Iryna's ailing parents.
Thanks to our assistance, we thus managed not only to achieve a happy family reunification but also to create favorable conditions for the parents' continued stay in Germany. Iryna's parents now live alongside their beloved daughter. They all live together in one house; Iryna cares for them and monitors their health, while her parents, in turn, can now undergo hospital examinations, see doctors regularly and, if necessary, receive proper medical care.
This success sets a precedent that will help resolve many more cases, and offers hope to everyone who has given up hope of living near their own parents.
In closing, we would like to note that not abandoning one's sick parents in their old age is every person's duty — and it is our duty to help you find a solution even in the most complicated and difficult of situations.
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