What is § 36 AufenthG?
Section 36 of the Residence Act regulates the right to join parents and other relatives and offers an important opportunity for certain groups of people to bring their family members to Germany.
Particularly in cases of exceptional hardship, reunification can be simplified if special conditions are met. This mainly concerns situations in which a family separation would lead to serious personal or health consequences. But what exact regulations and possibilities does this paragraph offer?
We would now like to introduce you to the different types of Section 36 AufenthG and the areas of application. You will find out who can benefit from this regulation and what you need to bear in mind.
Types of § 36 AufenthG
Section 36 of the Residence Act differs in its regulations depending on the type of family members. While the reunification of spouses and minor children is often regulated under other sections, Section 36 focuses on the reunification of parents and other family members.
- Reunification of parents in accordance with Section 36 (1) and (3) AufenthG: Parents of a minor foreigner can receive a residence permit if there is no other parent with custody rights in Germany.
- Other family members according to § 36 paragraph 2 AufenthG: These include adult children, siblings, grandparents or other relatives. They can join you in accordance with § 36 if there are exceptional hardships such as a special need for care or illness
- Examples of Section 36 (1) AufenthG: Parents of children who have the following Residence permit : Section 23 (4), Section 25 (1) or (2) sentence 1 first alternative AufenthG, a Settlement permit in accordance with Section 26 (3) AufenthG or a residence permit in accordance with Section 25 (2) sentence 1 second alternative AufenthG a Settlement permit in accordance with Section 26 (4) AufenthG.
- Examples of Section 36 (3) AufenthG: Parents of a foreigner who is granted an EU Blue Card, an ICT card or a Mobile ICT card or a Residence permit in accordance with Sections 18a, 18b, 18c (3), Sections 18d, 18f, 19c (1) AufenthG, Section 19c (2) or (4) sentence 1 or Section 21 AufenthG for the first time on or after March 1, 2024.
An important difference between Section 36 (1) and (3) AufenthG is that in the case of Section 36 (3) AufenthG, the requirement of Section 5 (1) no. 1 AufenthG (securing a livelihood) is mandatory. In the case of Section 36 (1), the permit is issued in deviation from Section 5 (1) No. 1 and Section 29 (1) No. 2 AufenthG if neither parent is resident in Germany.
In the case of Section 36 (2) AufenthG, the following requirement applies according to the legal text:
"Other family members of a foreigner may be granted a residence permit for family reunification if this is necessary to avoid exceptional hardship. Section 30 (3) and section 31 shall apply accordingly to family members of full age, and section 34 shall apply accordingly to family members who are minors."
Areas of application of § 36 AufenthG
The granting of a residence permit in accordance with § 36 AufenthG is primarily aimed at families who need to be reunited for humanitarian reasons. For parents and other family members in particular, it offers the possibility of obtaining a residence permit if certain requirements are met.
A special constellation is required for parents to join their children, in which no other parent with custody rights lives in Germany. In the case of other family members, the case of hardship plays a role, which is justified by individual circumstances such as illness or the need for care. Section 36 of the Residence Act thus creates an opportunity to restore family structures where this is particularly necessary.
Difference to § 36a AufenthG
Both § 36 AufenthG and § 36a AufenthG concern family reunification. Section 36 AufenthG relates to reunification with various holders of residence titles and section 36a AufenthG explicitly only relates to family reunification with beneficiaries of subsidiary protection in accordance with section 25 (2) sentence 1 second alternative.
Naturalization with § 36 AufenthG
In the case of family reunification in accordance with § 36 AufenthG, you will be issued a Residence permit for family reunification in accordance with § 29 AufenthG. If you are in possession of this residence permit, you can apply for Naturalization after 5 years of residence in Germany if you meet the requirements of § 10 StAG. Your Residence permit is not blocked for Naturalization .
Requirements for family reunification according to § 36 AufenthG
Family reunification according to § 36 AufenthG is a possibility to bring parents or other close family members to Germany if certain requirements are met. However, this regulation only applies to special cases and requires precise checks by the authorities. Let's take a look at the conditions that must be met.
Requirements for parents and other family members
In order for your family reunification to be approved in accordance with § 36 AufenthG, various legal conditions must be met. These concern both the foreigner already living in Germany and the family members who wish to join them.
These conditions must be met:
- Proof of family relationship: You must be able to prove with official documents that you are parents or other close relatives who wish to join you in Germany.
- No custodial parent in the country: In order for parents to join their children, no custodial parent must already be resident in Germany.
- Independent means of subsistence: As a rule, it must be ensured that the person joining the family can support themselves or that the relative already living in Germany will pay for this.
- Fulfillment of the general visa requirements: The general requirements for a visa also apply, such as valid passports and a verifiable reason for stay.
Special regulations for exceptional hardship
In many cases, other family members can only join you if exceptional hardship is proven. But what does that actually mean?
Definition of exceptional hardship: Exceptional hardship exists if a family member is in urgent need of support from a relative and this support can only be provided in Germany. This may be the case due to illness, disability or other serious health problems.
Examples of recognized exceptional hardship:
- A parent or grandparent is in need of care and requires the support of a close family member.
- A person is dependent on care in Germany due to a serious chronic illness, as this care cannot be guaranteed in their home country.
- Disability or other limitations that require permanent support that can only be provided by a family member.
How to apply for family reunification in accordance with § 36 AufenthG
Applying for family reunification in accordance with § 36 AufenthG requires careful preparation to ensure that your application is processed successfully. We would like to give you a step-by-step guide here to help you make the process run smoothly. We also highlight common mistakes that should be avoided to prevent delays or rejections.
Step-by-step guide to submitting an application
To apply for family reunification in accordance with § 36 AufenthG, you must follow certain steps and prepare documents. This is the best way to proceed:
Step 1: Check your requirements!
- Make sure that all conditions for family reunification according to § 36 AufenthG are met, including the family relationship and exceptional hardship.
Step 2 Prepare the required documents!
- Valid passport of the family members joining you.
- Proof of family relationship (birth certificate, marriage certificate, etc.).
- Medical reports or evidence to justify the exceptional hardship (e.g. in the event of a need for care or illness).
- Proof of sufficient financial means to cover living expenses.
- Proof of living space to show that there is enough room for the family members joining you.
Step 3 Submit an application!
- As a rule, the application for family reunification must be submitted to the German embassy or consulate in the country of origin of the family members joining them.
Step 4 Keep your patience!
- The processing time may vary depending on the authority and individual circumstances. However, you should allow several months for a decision to be made.
Step 5 Issuing and preparation!
- Once your application for § 36 AufenthG has been approved, you can start planning your trip (get travel tickets) and prepare for your stay (make an appointment to register in Germany, etc.).
Common mistakes when applying for § 36
There are some typical mistakes that can lead to applications for family reunification being rejected or delayed. To avoid this, you should pay attention to the following points:
Incomplete documents: Make sure that all required documents are submitted completely and correctly. Missing documents are one of the most common reasons for rejection.
Lack of proof of exceptional hardship: If your application is based on a case of hardship, the health or care-related circumstances must be clearly proven. Without valid expert opinions or medical certificates, the application is often rejected.
Insufficient financial means: The authorities check carefully whether the financial requirements are met. Insufficient or unclear information on living expenses can jeopardize the application.
Tips for the application
To maximize your chances of success, we would like to give you a few useful tips along the way:
Contact Foreigners' office at an early stage: Clarify in advance what exact requirements the authority has and what special features apply to your situation.
Check all documents thoroughly: It is advisable to check all documents carefully in advance and, if necessary, have them checked by a lawyer or an advice center.
Be patient: The process can be time-consuming. Make sure that all documents are submitted on time and allow for a certain processing time.
Naturalization with § 36 AufenthG?
Conclusion on § 36 AufenthG
As you can see, the issue of reunification under Section 36 AufenthG is very complex. Here we have briefly summarized the most important points for you and we will show you what can increase your chances of success.
Summary of the key points of Section 36 AufenthG
- Parents and other family members: Reunification in accordance with § 36 AufenthG applies to parents and other family members (in the case of other family members, extraordinary hardship must be proven).
- Exceptional hardship: Exceptional hardship can be a disability or illness.
- Strict rules: The proof of exceptional hardship for § 36 para. 2 AufenthG is strictly checked. The more evidence you have of the hardship, the better.
How you can increase your chances of success
- Avoid common mistakes: Make sure you have complete documentation and clear proof of exceptional hardship to avoid unnecessary delays or rejections.
- Use legal support: An experienced lawyer can help you to facilitate the process, avoid potential stumbling blocks and maximize your chances of success.
FAQ - The most important questions about § 36 AufenthG
Section 36 of the Residence Act regulates family reunification of parents and other family members to Germany (proof of extraordinary hardship).
§ Section 36 (2) AufenthG allows other family members to join you in Germany if there is exceptional hardship.
Exceptional hardship exists if a family member is in urgent need of support that can only be provided in Germany, e.g. due to illness or the need for care.
§ Section 36 (3) AufenthG regulates the family reunification of parents of foreigners who hold certain Residence permit such as the EU Blue Card or an ICT card.
The requirements include proof of a family relationship, financial security, exceptional hardship (in the case of other relatives) and compliance with general visa requirements.
