Family reunification for subsidiary protection suspended since July 2025
When the law came into force a few months ago, family reunification with beneficiaries of subsidiary protection was completely halted for two years. New applications can only be submitted again after this period has expired - i.e. from July 2027.
Ongoing procedures have been frozen and the law does not provide for any transitional arrangements. Only visas that have already been approved by July 2025 may still be collected.
Subsidiary protection is granted to refugees in Germany who are not recognized as refugees within the meaning of the Geneva Convention, but who would have to fear serious harm in their country of origin - for example due to war, persecution or torture. According to the Federal Office for Migration and Refugees (BAMF), around 381,000 people with subsidiary protection were living in Germany at the end of 2024, most of them from Syria, Iraq and Afghanistan.
When does the case of hardship according to § 22 sentence 1 AufenthG apply?
In principle, it is still possible to bring family members to Germany in special humanitarian cases(Section 22 sentence 1 AufenthG). There must be an urgent humanitarian reason for this that is so serious that it overrides the statutory suspension. However, the hurdles for these hardship cases are very high:
- Dangerous or unreasonable conditions in the country of origin: If it is de facto impossible to establish the family unit in the country of origin (e.g. due to persecution or lack of security).
- Special humanitarian circumstances: The family member(s) abroad are in urgent need of support due to illness, need of care or other circumstances, which can only be provided in Germany.
- The person concerned must be abroad and must not have any other right of entry.
Unique individual case: The case must clearly stand out from others. - These are absolutely individual cases - there is no legal entitlement.
An internal directive from the Federal Foreign Office, which the platform FragDenStaat recently published, now specifies these requirements - and shows under which circumstances the Federal Foreign Office recognizes cases of hardship.
Federal Foreign Office sets high hurdles
Accordingly, a long separation period should only be considered an "urgent humanitarian reason" if families have been separated for at least ten years. A limit of five years applies to small children under the age of three. Even those living in a third country where a safe family life would theoretically be possible do not generally fall under the hardship regulation.
According to the published document, only a few individual cases - such as serious illnesses that can only be treated in Germany or a concrete danger to life and limb - are considered classic cases of hardship.
Even unaccompanied children abroad whose parents (or one parent) live in Germany do not automatically meet the requirements. Additional factors such as duration of separation or acute threats must be added.
According to FragDenStaat, the directive also stipulates that applications can regularly be rejected if the person living in Germany has held a residence permit for more than five years and meets the requirements for a Settlement permit. In these cases, it is assumed that they themselves are responsible for the lack of family reunification.
Decision on a case-by-case basis - with a high degree of discretion
The authorities always decide whether a case of hardship exists on a case-by-case basis. In addition to the humanitarian aspects, the otherrequirements for family reunification must also be met:
- Secured livelihood: No receipt of social benefits; sufficient income or support from third parties.
- Sufficient living space: The apartment must be large enough for all family members (according to national standards).
- Health insurance: Proof of statutory or private insurance.
- No serious criminal offenses or grounds for deportation: No ongoing criminal proceedings, no security concerns.
- Proof of family ties: Marriage or birth certificates, proof of actual family relationship.
Criticism from associations and organizations
Human rights organizations and charities have sharply criticized the new interpretation. They consider the regulation to be too narrow and hardly practicable. The requirements contradict the constitutionally protected right to family life and Germany's human rights obligations.
In a statement, Pro Asyl spoke of a "de facto fig leaf" that makes family reunification almost impossible, even in dramatic individual cases. The Paritätische Gesamtverband also accused the Federal Foreign Office of being overly restrictive and lacking transparency.
Reactions from the world of politics
In an answer to a question from the Left Party, the Federal Government confirmed that the Federal Foreign Office applies a "narrow standard of examination" for cases of hardship. The diplomatic missions abroad were therefore informed on July 23, 2025 about how Section 22 sentence 1 AufenthG is to be applied.
The reason given was that the exceptional nature of the regulation and the aim of the suspension - to relieve the reception and integration systems - made a close examination necessary.
A spokesperson for SPD MP Natalie Pawlik (Federal Government Commissioner for Migration) told the Frankfurter Rundschau that talks between the departments involved (the immigration authorities and foreign missions) on the hardship regulation are continuing. It is currently unclear whether there will be any changes or improvements.
Conclusion: Hardly any prospect of family reunification until 2027
Family reunification with beneficiaries of subsidiary protection will remain suspended until July 2027. It is unclear whether the regulation will then expire or be extended. Federal Interior Minister Alexander Dobrindt (CSU) merely announced that he would "reassess" the situation.
Until then, Section 22 of the Residence Act remains the only chance for family reunification for many of those affected - albeit a path that is extremely difficult to access in practice.
