"I expected anything, except that I would grow old."
Zofia Nałkowska
Conditions for Family Reunification
For family reunification in Germany, applicants generally need to prove sufficient income, adequate housing and, for spouses, a basic A1-level language certificate (§ 30 AufenthG).
Germany's Basic Law reveres and vigilantly protects the institution of the family, even where foreign nationals are concerned. Family reunification in Germany is therefore one of the strongest grounds for immigration. But blood ties and family bonds are far from the only condition. Applicants for a residence permit must also meet requirements regarding language skills, means of subsistence, and adequately sized housing. These requirements apply even when the inviting party is a German citizen. Most often, such cases involve the spouses of persons permanently residing in Germany and their minor children.
But what does immigration law say when it is the parents who have stayed behind in another country?
The parents of German residents, like other family members, are also entitled to a residence permit for reunification under § 36(1) of Germany's Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory. However, exceptional circumstances necessitating such reunification must exist and be documented. In other words, such persons may obtain a residence permit to reunite with adult children permanently residing in Germany only if doing so would help avoid circumstances of particular hardship — that is, provided that the vital assistance from the family member living in Germany can be obtained only within Germany (§ 36(2) of the aforementioned Act).
It's worth bearing in mind that economic and social factors in the country of residence do not count as such grounds — what is taken into account is only serious illness, complex psychological conditions, the need for constant care, and other severe circumstances. Given this, an applicant may, if necessary, be asked to undergo an examination by a physician affiliated with the embassy. The law does not clearly define the concept of "severe consequences." For this reason, in each individual case an official reviews all the circumstances and decides whether the situation qualifies as an exceptional case warranting the corresponding German residence permit. As a rule, these are cases where one parent has been left alone, suffers from an illness, and requires constant care that cannot be fully provided outside Germany. The capacity of the person permanently residing in Germany to care for elderly parents is also taken into account. The host relative must be able to support their family member, including covering their health insurance, and must have adequate housing space. Health insurance — which is by no means easy for foreigners over 70 to obtain — is one of the necessary conditions for receiving a residence permit. The inviting party therefore needs to demonstrate sufficient income, adequate housing, and both the ability and willingness to care for parents in need of ongoing care.
Clients who wish to arrange their parents' move to Germany as quickly and simply as possible often come to our firm. Unfortunately, there is no one-size-fits-all recipe here — each case must be handled according to its own individual circumstances and the availability of credible supporting evidence. As an example, we would like to share one of the successfully concluded cases from our extensive practice, in which we were able to help an elderly woman named Lidia (name changed), who needed ongoing care from her children, first obtain and then extend a temporary residence permit.
The story began about four years ago, when a young woman — let's call her Larisa — came to us with a rather difficult request. Larisa had been living in Germany for about ten years. Having once come to the country under an Au Pair program, the young woman, gifted at learning foreign languages, went on to earn a university degree in Germany, then married and had three children. Back in Russia, where she had come from, nothing really held her, apart from her elderly parents. Although Larisa's mother and father had lived a long and happy life together, accustomed to caring for and supporting each other, Larisa's heart was uneasy over the separation from them. So she visited her parents at least once every three months, bringing her children along, believing they should get to know their grandparents well and support them in their own way. Everything was fine — until our future client received the tragic news that her father had died suddenly of a heart attack. Naturally, Larisa's mother, having lost her life partner and main pillar of support, visibly declined. Her chronic conditions worsened under the strain, she began forgetting things more often, and once even got lost on her way home from the clinic. The grown-up daughter decided to act without delay — she arranged for the urgent sale of her parents' property back home and resolved, whatever it took, to bring her mother to live with her. Larisa was convinced that constant contact with her grandchildren would benefit the elderly woman and provide a powerful incentive to stay strong in spirit. The family also had every means to provide proper care for the grandmother — both spouses earned good salaries, they owned a two-story townhouse in the outskirts of Berlin, and they employed household help. Although Larisa knew German law reasonably well, she decided to entrust this matter to professionals. She came to our firm for the first time so that our attorneys could help her obtain a temporary residence permit for her mother, who had been left alone back home. Our firm's attorney, who specializes in immigration matters, carefully reviewed the circumstances of the case. He meticulously gathered evidence establishing that:
remaining in Russia would expose Lidia to severe hardship;
the woman's only daughter lives permanently in Germany and wishes to care for her;
the daughter's family has every means to provide the elderly woman with comfortable living conditions;
Larisa would take care of arranging all necessary documents for her mother, including health insurance.
Having prepared a complete package of evidence demonstrating the urgent necessity of Lidia's move to her daughter, we helped file an application first for a long-term national visa at the German embassy in Russia, and later for a residence permit at the immigration authority in Germany. To the joy of the whole family, the story had a happy ending — our client's mother was granted a German residence permit valid for three years.
As the Russian writer Yuri Bondarev aptly observed: "You cannot relive your youth, cannot get back your youthful daring, your beauty, even your gait." Three years flew by quickly, the residence permit was about to expire, and although Lidia had brightened up somewhat surrounded by her loving daughter and grandchildren, she still felt unwell and needed daily care and support from her family. Our client Larisa came to us a second time, asking for help extending the residence permit for her mother, whose departure from the country was not feasible given her state of health. We were glad to help once again in this difficult situation — we again gathered and submitted documents to the immigration authority demonstrating that the woman's continued presence in the country was due solely to severe circumstances that only her only daughter could help address. We rightly pointed out that in such cases the elderly woman's particular dependence on family ties and the need for ongoing support from family members must be taken into account. Given the circumstances, the elderly woman's age and state of health required daily care, and her wish to receive that help within her family, rather than from strangers back in Russia, was an entirely understandable and legally justified basis. The second positive decision from the authority was not long in coming. Lidia is therefore now entitled to remain in Germany for another three years.
We explained to our client in detail the prospect of obtaining a permanent residence permit for her mother, based on more than five years of lawful residence in the country under § 9 of Germany's Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Aufenthaltsgesetz). Although we recognize that some of the prerequisites contained in that provision (such as knowledge of the German language) cannot be met by Larisa's mother, we are confident that we can obtain a favorable decision from the authorities. It is no secret that every rule has its exceptions, and this holds true for the interpretation of German law as well. Drawing on the rich experience gained from a broad and varied legal practice, together with a deep understanding of every nuance of immigration law, we will do everything possible to ensure that the immigration authority's staff have no doubts when deciding in our client's favor. If your case is also out of the ordinary and you need the help of an attorney specializing in immigration law, come to us for a consultation. Taking every nuance of your case into account, we will help you choose and skillfully carry out the best strategy for your particular situation.
All rights reserved. Copying or republishing this article requires a link to the original source.
