While the new federal government is discussing the temporary suspension of family reunification for people entitled to subsidiary protection for two years, the OVG Berlin-Brandenburg is dealing with a different issue:
How long is the entitlement to family reunification? Court rules
The specific case concerned a married couple whose son entered Germany as an unaccompanied refugee minor in 2015. He was granted refugee status at the time. In July 2022, he was granted German citizenship through Naturalization.
As a result, the Federal Foreign Office rejected the parents' visa application (family reunification), which had been pending since 2017. The reason given: With the Naturalization , the son had lost his refugee status. This meant that the legal entitlement to family reunification no longer applied.
Ruling: No family reunification after Naturalization
The OVG confirmed the rejection and ruled that the EU directive on family reunification only applies to third-country nationals, not to German citizens.
An earlier ruling by the European Court of Justice, which permitted reunification despite the age of majority, was also not applied here, as it was not transferable to naturalized persons.
Important: The case has been referred to the Federal Administrative Court for further review. A final clarification is still pending.
Even though this case is likely to be very special, many of those affected are currently asking themselves:
Family reunification in Germany: Who is entitled?
Family reunification allows spouses, underage children or parents to join a person living in Germany with a Residence permit or protection status. The aim is to prevent families from being permanently separated.
Spouse - reunification generally possible if:
- The marriage existed before entry.
- Both are over 18 years old.
- Language skills (A1) are required → only for normal Residence permit , not for refugee protection.
- living space and livelihood are secured.
Minor children:
Parents to unaccompanied refugee minors:
- If the child was a minor and alone in Germany when the application was submitted, the parents may join the child.
- Deadline: The application should be submitted before the child reaches the age of majority.
Asylum: Who is entitled to family reunification?
These groups are entitled to family reunification under certain conditions.
Refugee protection (25 Para. 2 Alt. 1 AufenthG) and persons entitled to asylum (§ 25 Para. 1 AufenthG)
Family reunification: Yes, privileged family reunification.
Authorized relatives:
- Spouse
- Minor children
- Parents of unaccompanied refugee minors
- Parents to adult children, if application was made before the age of majority
Deadline: Notification within 3 months of recognition of refugee status → no requirements such as housing or income necessary
After the deadline: stricter requirements (living space, secure livelihood)
Persons entitled to subsidiary protection (§25 para. 2 Alt. 2. AufenthG)
Family reunification: Currently still possible. Severely restricted: Only 1000 people per month are allowed to join their families.
Regulation: Currently, family reunification for this group is to be suspended for two years (May 2025-May 2027). The law is not yet in force, but is very likely. The hardship clause will remain in place.
Family reunification in the event of a ban on deportation (25 para. 3 AufenthG)
Family reunification: Possible in principle. But very limited and hardly feasible in practice.
Requirements: Sufficient living space, secure livelihood and A1 (spouse)
Family reunification with a Tolerance permit (§60a AufenthG)
No, family reunification is not possible for tolerated persons without a secured Residence permit
Family reunification with permission to stay (asylum procedure)
Family reunification is only potentially possible after a successful asylum decision.
Family reunification with other residence permits?
People with other residence permits (e.g. employment, study, EU Blue Card) can also bring family members to Germany under certain conditions.
Prerequisites are the rule:
- secure livelihood (no ALG II)
- Sufficient living space
- Spouse: basic knowledge of German (A1) required (exceptions possible)
- The marriage must be genuine, not a marriage of convenience
Residence permit (§ AufenthG) | Family reunification possible? | Prerequisite/Notes |
|---|---|---|
§ Section 18b (1) | Yes, if the German Residence permit has existed for two years | secure livelihood, living space, A1 proof for spouses -> no A1 is required for Sections 18a, 18b, 18c (3), Sections 18d, 18f, 19c (1), Section 19c (2) or (4) sentence 1 or Section 21
|
§ 18b - EU Blue Card | Yes, relieved | No A1 for spouses |
§ 18d | Yes, relieved | secure livelihood, living space, A1 proof for spouses |
§ 18c
| Yes.
Facilitated with 18c para. 3
| secure livelihood, living space, A1 proof for spouses |
§ 16b | No, only in cases of hardship | |
§ 16d | Difficult, but possible in individual cases | secure livelihood, living space, A1 proof for spouses |
§ 18f | Yes | Only for spouses and minor children |
§ 9 - Settlement permit | Yes | secure livelihood, living space, A1 proof for spouses |
§ 19c and § 19d | Yes | Residence permit must be valid for at least one year, residence permit must have been held for two years, secure means of subsistence, A1 certificate for spouses |
§ 28 | Yes | Spouse reunification, if the spouse has held a German passport for at least 2 years, A1 certificate for spouses |
§ 25a and b | In principle, yes. But very limited and almost impossible in practice. | Sufficient living space, secure livelihood, A1 proof for spouses |
§ 104 c | No | |
§ 21 | Yes, relieved | No A1 proof required for spouses |
§36 para. 3 | Yes | For parents of a foreigner who received an EU Blue Card, ICT Card or Mobile ICT Card for the first time on or after March 1, 2024 or Sections 18a, 18b, 18c (3), Sections 18d, 18f, 19c (1) (for certain occupational groups), Section 19c (2) or (4) sentence 1 or Section 21 AufenthG.
Also applies to parents of the spouse if they are permanently resident in Germany
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