"As long as the doctor forbids us something, things aren't so bad;
the scariest moment is when they suddenly allow everything."
Processing Times
The German embassy is obliged to review a family reunification application within a reasonable time — in case of an unjustified delay, an action for failure to act (Untätigkeitsklage) can be filed.
Robert Lembke
A German residence permit is quite attractive to foreigners. Germany is one of the largest European countries, with an efficient economy and a fairly high standard of living, and permanent residence there gives access to free, high-quality education, other social benefits, and the ability to travel virtually anywhere in Europe without restriction. Any foreigner wishing to legally move to the Federal Republic must obtain the appropriate residence permit. As our readers already know well from our previous publications, the main piece of legislation governing the residence of foreign nationals in Germany is the "Act on the Residence of Foreign Nationals" (Aufenthaltsgesetz — AufenthG). It is on the basis of this law's provisions that foreign nationals are entitled to obtain either a time-limited or unlimited residence permit in Germany. A temporary residence permit in any EU country means a temporary right to stay in the country's territory while enjoying some of the privileges of a citizen. As a general rule, a residence permit gives a foreigner the right to temporarily reside, work, study, or run a business in Germany. Depending on the length of residence, the grounds for the application, and other circumstances, different types of residence permits exist, so the conditions for obtaining one may vary. Residence permits in Germany are issued by the foreigners' authority (Ausländerbehörde) upon a foreigner's corresponding application. An initial residence permit is usually issued for a period not exceeding 3 years, with the possibility of extension. After 5 years of residence on this basis, a foreigner may obtain a permanent residence permit, which no longer needs to be renewed and, in the future, subject to all the necessary prerequisites being met, allows them to obtain German citizenship.
Not everyone knows that, in a number of cases, it is possible to obtain a German residence permit on humanitarian grounds — for example, for people who need medical treatment in Germany even if they lack the means to pay for it, or for people whose treatment cannot, for whatever reason, be provided in their home country. These reasons may even be purely economic ones, including a lack of funds for treatment back home. This is a different scenario from, say, relatives living in Germany wanting to bring an elderly parent who needs ongoing care to live with them. In such cases, a residence permit can be obtained not on humanitarian grounds, but on the basis of family reunification in special circumstances. Sometimes it also happens that, once a tourist visa or residence permit expires, a foreign national is physically unable either to leave the country or to extend their residence permit. In other words, foreign nationals sometimes end up forced to remain within the Schengen area without a valid permit to stay, due to circumstances beyond their control. Obtaining a residence permit on humanitarian grounds is governed by § 25 of the Aufenthaltsgesetz. In order to secure a favorable decision in any given case, a set of documents must be assembled and evidence presented in such a way that officials are left with no doubt that granting the right to remain in Germany is the foreigner's sole and last chance to preserve their life and health. In other words, if the petition is denied, the resulting inability to receive treatment in Germany would have life-threatening consequences. In this article, we will describe how we managed to help our client's seriously ill father remain in the country.
One day, Stepan came to our law firm's office and told us a rather sad story. He had been living in Germany for the past ten years, while his father — let's call him Viktor — had stayed behind in their hometown of Nizhnevartovsk. Viktor had always been in fairly robust health, leading an active lifestyle and doing a lot of sport. But once all his children had left home and his beloved wife passed away suddenly, he began to decline. All his previously dormant chronic conditions flared up, he suffered from severe headaches, not to mention other age-related ailments. Even so, he kept diligently going to work up until the end, ran his household on his own, met friends in the courtyard for long conversations about life's big questions, and generally disliked "tempting fate" or complaining about life. No one knows how much longer things would have gone on this way, had Viktor not decided to visit his eldest son in Germany. Unfortunately, the change in climate and time zone did not agree with him. While his son was at work, his father suffered a stroke. By a fortunate turn of events, timely measures were taken that prevented irreversible consequences. The patient was hospitalized immediately, where, thanks to prompt medical care, his condition was stabilized fairly quickly. In addition, the patient was prescribed oxygen therapy and a course of restorative treatment and rehabilitation involving physical therapy, massage, and physiotherapy. The doctors were cautiously optimistic, though they gave no especially rosy prognosis. It was clear to everyone that treating and restoring an elderly patient like him would take many long months.
Naturally, in the early days, Stepan had entirely forgotten that his father had come to visit on an international passport of a Russian Federation citizen with a tourist visa — a visa that had already expired a couple of weeks earlier. His father needed documents confirming his legal status in Germany in order to continue treatment at the German clinic. Stepan first came to our law firm for a consultation. After listening carefully to our detailed explanations of the grounds on which Viktor would be entitled to stay in the country, he initially declined our further assistance and decided to fight this battle on his own. He obtained certificates about his father's current condition from the hospital where he was being treated, drew up a petition himself, and submitted it to the foreigners' authority. Our client was convinced that this would be sufficient grounds for a favorable decision in his father's case. Unfortunately, things turned out to be far from that simple. Just two weeks after the petition was filed, Stepan received a letter stating that the application would be refused, since the case contained no evidence that treatment could only be carried out in Germany. Stepan then came to us, asking for help gathering sufficient evidence and submitting it to the authority in order to obtain a favorable decision. Once the corresponding authorization had been arranged, our firm's lawyer specializing in migration matters got to work immediately. He carefully reviewed the previously submitted set of documents and concluded that the certificates provided were insufficient. The problem was that, although the medical certificates did describe our client's father's serious condition, none of them stated that effective treatment of such a serious illness was only possible in Germany. The lawyer representing Stepan and his father's interests therefore gathered the necessary set of documents, which clearly stated that:
Viktor was in an extremely serious condition;
his return home would pose a significant risk to his life;
the treatment he was receiving in Germany could not be provided in Russia, and finally,
all of the elderly man's children — his only relatives — were living in Germany, and it was they who could provide their father with the necessary care and financial support.
In this way, the lawyer presented genuine and exhaustive evidence that Viktor's return home could endanger his life. Refusing to issue the corresponding long-term residence permit would have meant exposing an elderly man's life and health to critical danger.
Fortunately, the case ended successfully for our clients: our client's father soon received a decision granting him a three-year residence permit. What's more, he was entitled to apply for corresponding state social assistance to continue his costly treatment. For our part, we sincerely hope that the treatment and rehabilitation will indeed prove effective and that Viktor's condition will improve step by step. We also wished Stepan every success in his affairs and endeavors. For ourselves and our readers, the conclusion, once again, is that the right approach to presenting a case plays a key role even when starting from the exact same facts. It is precisely an experienced specialist who is able to place the right emphasis and present the necessary documents in such a way that officials are left with no doubt when deciding in our clients' favor. We advise our readers to turn to a lawyer they fully trust, and to do so in good time, if their goal is to obtain a favorable decision in their immigration case within a short period.
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