What does subsidiary protection mean - and who is affected by the law?
Subsidiary protection is granted to people who are not recognized as refugees under the Geneva Refugee Convention but cannot return to their country of origin - for example, because they are threatened with torture, the death penalty or serious human rights violations there.
According to the Central Register of Foreigners, around 381,000 people with subsidiary protection status were living in Germany at the end of 2024, including around 296,000 Syrians.
Who is affected by the suspension?
- Exclusively people with subsidiary protection status(Sec. 25 para. 2 sentence 1 alt. 2 AufenthG)
- The following are not affected: recognized refugees, persons entitled to asylum and holders of a Settlement permit
- Families who have already received an invitation to collect a visa before July 24, 2025 are also exempt.
Family reunification until 2027 only in cases of hardship
First things first: Under the new law,family reunification is almost impossible for persons entitled to subsidiary protection. The only chance is a hardship application.
However, these hardship cases are strictly regulated, are only approved in individual cases and are hardly ever applied in practice.
When is there a case of hardship?
Hardship cases are regulated in § 22 AufenthG. A visa can be issued if there are "urgent humanitarian reasons under international law". Possible criteria are
- 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 abroad is in urgent need of support due to illness, need of care or other circumstances, which can only be provided in Germany.
- Unique individual fate: The case must clearly stand out from others.
Important: Each application is reviewed individually. There is no guarantee or legal entitlement to approval.
When is family reunification possible according to § 22 AufenthG?
§ Section 22 of the Residence Act is one of the few provisions that allows particularly vulnerable persons to apply for a residence permit in Germany from abroad.
However, the hurdles are very high:
- There must be an urgent humanitarian reason that is so serious that it outweighs the regulation on the suspension of family reunification.
- The person concerned must be abroad and must not have any other right of entry.
- These are absolutely individual cases - there is no legal entitlement.
How does a hardship application work?
- You should first check whether there is another option for obtaining a residence permit. A hardship application should only be submitted if all other legal options have been exhausted.
- The application for family reunification in cases of hardship is submitted to the responsible German mission abroad (embassy or consulate).
- In addition to the usual documents for family reunification, extensive proof of hardship must be submitted (medical certificates, reports on the security situation, proof of family ties, etc.).
- The embassy examines the application together with the responsible Foreigners' office in Germany. It may order a personal interview.
- If the decision is positive, a visa for family reunification will be issued.
Criticism: High hurdles and little transparency
Even during the last suspension of family reunification (2016-2018) , Section 22 AufenthG was only applied in very few cases. Human rights organizations have been criticizing for years that the requirements are extremely high and the procedures are not very transparent.
The opposition parties, the Greens and the Left Party, also expressed clear criticism of the current law in the Bundestag debates. They called for hardship cases to be defined more clearly and for a binding definition of the conditions under which a case of hardship actually exists.
What can those affected do?
- Check hardship application: If you believe that you meet the requirements, you should immediately apply for a visa and subsequent Residence permit in accordance with §22.
- Obtain legal advice: Advice centers, specialized lawyers or NGOs such as Pro Asyl can help to explain all relevant reasons for hardship in a comprehensible manner.
- Check alternatives: Migrants living in Germany who meet the requirements for a Settlement permit or Naturalization should take advantage of this - family reunification is still possible with these residence permits.
Outlook: Will family reunification be possible again from 2027?
It remains to be seen whether family reunification for persons entitled to subsidiary protection will be made possible again from 2027. Federal Interior Minister Alexander Dobrindt (CSU) merely announced that he would "reassess the situation". Many organizations fear that the suspension could be extended indefinitely.
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.
