Reunification of the nuclear family
In order to understand the different requirements and conditions for family reunification, it is essential and important to understand the difference between the nuclear family and the extended family. Depending on whether a family member belongs to the nuclear family or the extended family, the situation for the authorities in Germany is different.
Family reunification of spouses
The spouse is an important part of the nuclear family. It is therefore easier for you as a Syrian refugee to bring your spouse to Germany. The guideline here is § 27 AufenthG. This stipulates family reunification for the protection of marriage and family. It is important that you can prove that your marriage already existed before you fled.
Family reunification minor child
The minor child of a Syrian refugee is also part of the nuclear family and in this case it is also easier to achieve successful family reunification, similar to the family reunification of a spouse. Here too, the focus is on Section 27 AufenthG and the right to protection of marriage and family.
Family reunification parents minor child
In the case of a minor child, the matter is very simple. If the child is under the age of 18, the child's parents have the right to family reunification. In this case, the minor children do not have to fulfill or present any requirements. In this case, family reunification is possible without any problems.
Family reunification extended family
The extended family is not considered by the authorities to be a close nuclear family. In the case of family reunification, the situation is more complicated than with the nuclear family and the requirements for family reunification can also differ from time to time
Family reunification for parents of adult Syrians
The brother or sister belongs to the extended family and is not considered part of the nuclear family by the authorities. Accordingly, it is more complicated to bring a brother or sister to Germany via family reunification. However, there is an alternative via state admission programs. As the applicant, you must provide a lot of evidence and bear a large part of the costs.
Family reunification for parents of adult Syrians
If you are over 18 years old and therefore of legal age, your parents are also considered by the authorities to be part of the extended family and not the nuclear family. However, you have the option of bringing your parents from Syria to Germany as an alternative via the state admission program, which exists in some federal states. The reason for this is that your parents are second-degree relatives. You must meet strict requirements for the application.
Family reunification of grandparents
Grandparents are also counted as part of the extended family and are assigned to the extended family by the authorities. If you are in the situation of wanting to bring one or both grandparents from Syria to Germany, your Residence permit and the application process are important in order to determine what requirements you need to meet. Due to the fact that grandparents belong to the second degree of kinship, it is possible to bring your parents to Germany via a national admission program. For this, you as the applicant must fulfill many conditions.
Family reunification of cousins
The cousin belongs to the extended family in the same way as all the other family members mentioned above outside the nuclear family. They are also third-degree relatives. For this reason, they cannot be brought to Germany via alternative country admission programs, for example. The same applies to cousins as to aunts and uncles: there must be an absolute case of hardship.
Family reunion aunt and uncle
What applies to cousins also applies to aunts and uncles. They belong to the extended family and as they are not part of the nuclear family, it is correspondingly complicated to realize family reunification. In addition, aunts and uncles are not second-degree relatives, such as siblings, parents or grandparents, which makes the matter even more complicated. As with cousins, you must also prove that your aunt or uncle is a case of absolute hardship.
Hardship case with the extended family
A case of hardship for a member of the extended family can be, for example, if your mother/father, grandparents, aunt/uncle or cousin is a person who cannot live in Syria for health reasons and is, for example, in need of care or seriously ill, or a person whose life is demonstrably under threat, or this person is politically persecuted. Such hardship cases are subject to strict requirements and conditions.
Family reunification Refugees
As a general rule, if you are over 18 years old and have fled Syria, you have a period of three months to apply for family reunification in accordance with §26 Para. 1 No. 3 AsylG and §27 ff AufenthG. With this application, you have the right to bring your family members to Germany within the framework of privileged family reunification. This privilege currently applies to recognized refugees, persons entitled to asylum and resettlement refugees. These resettlement refugees can achieve family reunification as part of the resettlement procedure.
Prerequisite for family reunification Refugees
An important prerequisite is that you can prove that the family members you are bringing from Syria to Germany are members of your nuclear family. This includes the spouse, the minor child or the parents of the minor child. If you have submitted the application for your spouse or minor child within three months of your flight, then family reunification will work.
Minor children do not have to meet this deadline as they are under 18 years old. As a privileged refugee, they do not have to meet the same requirements for obtaining a permit. They do not have to be able to secure their livelihood or provide proof of sufficient living space.
Important: This family reunification only applies to family members who belong to the nuclear family; this case does not apply to family reunification for members of extended families!
Family reunification with Naturalization
With the Naturalization the member of the nuclear family is entitled to a residence permit in accordance with § 28 AufenthG if you yourself are a German citizen. This means that your spouse, your minor child and your parents (if you are still a minor yourself) are entitled to a residence permit if you are German.
The important thing here is: Did you apply for family reunification within three months of your flight or did you not do so? A distinction is made accordingly with regard to the conditions for granting the permit. This determines how much you have to prove in order for the application for family reunification to be successful.
Family reunification with Settlement permit
If you are in possession of a Settlement permit , you must prove that you have sufficient living space in addition to the Settlement permit . This is provided for in § 29 AufenthG. If it is a case of privileged family reunification and you have submitted the application for family reunification within three months of your flight, you do not have to prove that you have sufficient living space. As you can see: The question of whether you complied with this deadline after you fled is very important when it comes to the requirements you must meet.
Family reunification with other residence permits
If you are in possession of an EU Blue Card, or have a permit for permanent residence in Germany, or have a residence permit, an ICT card or a mobile ICT card or are staying in Germany in accordance with Section 18e, then the same conditions regarding family reunification apply as with a Settlement permit. Here again, the requirement set out in § 29 AufenthG applies. You are exempt from this requirement regarding living space if you have applied for family reunification within three months of your flight.
Family reunification state admission program for Syrians
As an alternative to family reunification for refugees, some federal states have special state admission programs for Syrians. These are humanitarian admission programs. The basis is § 23 Para.1 AufenthG. Each federal state has different prerequisites/conditions/requirements for the waiver.
Brandenburg State Reception Program
For the federal state of Brandenburg, the state admission program according to administrative regulations from 2021 applies. This program was extended until 31.12.2023. Whether this date is extended again or not depends on the decision of the federal state of Brandenburg. You cannot rely on the state parliament and thus the politicians in Brandenburg deciding to extend the program. If you are interested, we therefore recommend that you apply for family reunification as soon as possible.
In Brandenburg, the basis is that they are Syrian nationals who still live in Syria or certain countries bordering Syria (e.g. Lebanon or Iraq). Relatives of the first and second degree can bring family members here. This means that grandparents, parents, siblings and grandchildren and their nuclear family can be brought in, even though they are part of the extended family.
Family reunification via this program is not possible for aunts, uncles, cousins and cousins! It is important for the spouse: The marriage must not be entered into after fleeing Syria. It must not be a so-called polygamous or second marriage.
An important prerequisite for applying for family reunification with the federal state of Brandenburg is a declaration of commitment for the livelihood of each person. Health insurance is covered by the responsible social welfare office. It only covers basic benefits for the first 18 months.
Berlin State Reception Program
For the federal state of Berlin, the state admission program applies according to the admission regulations adopted by the Berlin Senate in 2013. As in Brandenburg, family reunification of 1st and 2nd degree family members also applies to Berlin. This means that aunts, uncles, cousins and cousins cannot be brought in, but grandparents, grandchildren, siblings, parents and their nuclear family can.
The deadline for the application is 31.12.2024. As it is unclear whether the political situation will remain the same, especially with the new state government in Berlin, we recommend applying quickly and not relying on the political situation. In Berlin, in addition to the requirement for first and second-degree family members, a declaration of commitment for the livelihood of each person for whom an application is submitted must be provided.
The exact stipulated income is set out in the admission regulations for single persons, married persons and married persons with children. A net income of 2610 euros is stipulated for single persons, a net income of 3620 euros is stipulated for married persons and married persons with children must have a net salary of 4188 euros.
In addition to proof of the specified earnings, proof of earnings for the last six months and a certificate from the employer stating that the employment relationship has not been terminated are required. A health insurance certificate must also be submitted to the authorities.
In addition to the monthly net income, self-employed persons must also provide proof of their most recent tax assessment and health insurance. All these documents must be certified by a tax consultant. In addition, a passport or alternatively: marriage certificate, military ID with a sworn German translation must be presented to the authorities.
State Reception Program Thuringia
For the federal state of Thuringia, the state admission program from an admission order issued by the Thuringian state parliament in 2013 applies. As in Brandenburg Berlin, first and second-degree family members from Syria can be brought in via family reunification. This includes siblings, parents, grandparents or nephews.
First and second cousins as well as aunts and uncles are not family members of the first and second degree. The same recognized neighboring states apply in Thuringia as in Brandenburg and Berlin.
The deadline for applications is 31.12.2024. Whether or not the admission order in Thuringia will be extended beyond the deadline depends on politics. We recommend that you apply as soon as possible to be absolutely sure that your application for admission will be processed. An important prerequisite is that you submit a declaration of commitment in accordance with § 68 AufenthG. This declaration contains your assurance that you will provide for the living expenses of your family member.
In Thuringia, this declaration is valid for 5 years. You must therefore pay for the living expenses of your family member for a period of 5 years. The costs in the event of illness, nursing care or pregnancy are covered by a competent authority.
Hamburg State Reception Program
The order issued by the Ministry of the Interior and Sport in 2015 applies to the Free and Hanseatic City of Hamburg. As in Thuringia, Berlin and Brandenburg, the possibility of family reunification only applies to first and second-degree family members. The same countries bordering Syria apply as in the case of the other three federal states.
Prerequisites are a declaration of commitment to cover the cost of living (food, living space). The living space requirements are 10 m² per person under 6 years of age and 12 m² per person over 6 years of age. Emergency care is provided by the relevant authorities. It is recommended that you take out insurance. It is unclear whether all health insurance benefits will be covered. It is therefore important to enquire with the relevant health insurance company.
The deadline in Hamburg for submitting the application is November 30, 2023. Whether the order will be extended is unclear and will be decided by the Hamburg Senate. We recommend submitting the application as soon as possible and not relying on political decisions.
State Reception Program Schleswig-Holstein
The federal state of Schleswig-Holstein is subject to an ordinance passed by the governing parties. As in the other federal states, the state admission program applies to first and second-degree family members. The same bordering states apply as in the other four federal states with identical programs. It is important that the person in question is not legally resident in the neighboring state.
In the case of Schleswig-Holstein, a declaration of commitment must also be signed stating that the applicant will cover the costs of housing and food incurred by the person in question. Health insurance is covered by the relevant authorities for emergency needs.
The cut-off date in Schleswig-Holstein is December 29, 2023. Applications must have been submitted by this date for them to be processed. It is unclear whether the order of December 29, 2023 will be extended. It will be decided by the Schleswig-Holstein state parliament.
How can I bring my family members to Germany?
Family reunification for persons in need of subsidiary protection
Syrians in need of subsidiary protection can also apply to bring their family members to Germany. There has been a change to the law here since 2018. Since this change, there is no longer a right to family reunification with a person in need of subsidiary protection. The situation is correspondingly complicated for those in need of subsidiary protection to bring their family members to Germany.
The regulation before 2016
Until 2016, what applied to refugees applied to persons in need of subsidiary protection. They had the right to privileged treatment and the decisive factor was applying for family reunification within three months of fleeing. In March 2016, the right to family reunification for persons in need of subsidiary protection was suspended for two years and this suspension was extended until the end of July 2018 via an extension (AussetzVerlG). The newly introduced Section 36a AufenthG has been in force since August 1, 2018.
The regulation since August 2018
Section 36a of the Residence Act stipulates that persons in need of subsidiary protection can apply for family reunification for members of their nuclear family. These family members then receive a residence permit on humanitarian grounds.
According to § 36a, humanitarian reasons include life, limb or danger to liberty, serious illness or the need for care, if a minor unmarried child is affected or if it has been impossible to establish family cohabitation for a long time. The granting of such family reunification is limited to 1000 cases per month.
As the Federal Foreign Office explains on its information page, as a person in need of subsidiary protection, you do not have to be able to show proof of housing or living costs. However, if you can prove that you can provide financially for the family member and have the living space available, then this will be assessed and noted as an integration achievement and taken into account positively. In this case, you have a better chance of your application being approved.
If you have committed one or more intentional criminal offenses and have been sentenced to at least one year in prison, it is not possible to apply. The same applies if, in the case of family reunification with the spouse, the marriage was entered into after fleeing to Germany. You must therefore prove that the marriage took place before you fled.
Family reunification for refugees with a ban on deportation
If you are in possession of a ban on deportation in accordance with Section 60 (5) or (7), family reunification is only possible in cases of absolute hardship. The same applies to a ban on deportation according to § 25 Para. 3 or a right to stay regulation according to § 25 a or b AufenthG. In these cases, humanitarian reasons must be presented. According to Informationsverbund Asyl & Migration, these include, for example, if the family unit can only be established in Germany for the foreseeable future.
Requirements for family reunification
Requirements for the person in Germany
The requirements vary depending on the application for family reunification. Refugees with status as privileged refugees who have applied for family reunification within three months of fleeing do not need to provide proof of housing or living costs. Proof of family membership with the person in Syria and a valid Residence permit must be provided.
Anyone applying for reunification via the state admission program must submit a declaration of commitment for the receiving family member and, depending on the federal state, proof of earnings for the last 6 months (e.g. required in Berlin). It is also important that you have not been sentenced to a prison term of at least one year and have not committed one or more intentional criminal offenses. Depending on the federal state, there is an administrative fee for the declaration of commitment for each person taking up residence. In Berlin it is 29 euros.
With regard to living space, there are different requirements in the five federal states that offer a state reception program. In Brandenburg and Thuringia, it is 10 m² for people under 6 years of age and 12 m² for people over 6 years of age.
When applying for subsidiary protection, no proof of housing or living costs is required. However, if you have this, it will be noted and you have a better chance of family reunification.
Prerequisite for the person in Syria
The person in Syria must present a marriage certificate. All other family documents that clearly prove the first and second degree of kinship must be presented. In addition, a valid passport, if available, should be presented. If this is not possible, people must provide alternative documents such as a military ID or driving license with a certified German translation. In some cases, proof of language skills is required. This includes, for example, an A1 language certificate for spouse reunification.
Family reunification of several family members
If the family members belong to the nuclear family or are first and second-degree relatives (siblings, grandparents, parents, nephews), then it is possible to bring several family members to Germany. It is crucial and important that if you apply via the state admission program, you can provide proof of accommodation and pay for the living costs of the respective family members.
Do you still have questions?
FAQ - The most important questions and answers about family reunification
The nuclear family includes spouses, minor children and the parents of minor children.
Parents, grandparents and siblings are second-degree relatives and can be brought to Germany via the state admission program of Thuringia, Berlin, Brandenburg, Schleswig-Holstein or Hamburg.
In special cases, you can bring family members of the nuclear family to Germany. They then receive a humanitarian Residence permit. Such family reunifications are limited to 1000 reunifications per month.
Family reunification for persons with a ban on deportation only works in cases of extreme hardship, e.g. if the family unit can only be realized on federal territory.
You must provide a declaration of commitment and accommodation if you apply via the state admission programs. This is not necessary for family reunification of privileged refugees and refugees with subsidiary status. In the case of subsidiary status, however, it is advantageous to submit both in order to have a better chance of coming under the limited 1000 family reunifications.
You must bring a valid Residence permit , a valid passport or national ID card and proof that you live in Germany. If you are applying for family reunification via the state admission program, a declaration of commitment and proof of residence are also important.
Your family members must bring a Syrian passport or another verifiable document to prove the degree of kinship. A German A1 certificate is required for spouses. A marriage certificate is also important for spouses.
Uncles, aunts, cousins and second cousins are not part of the nuclear family or second-degree family. Accordingly, this only works in absolute emergencies and is very complicated.
