No family reunification for two years - only in cases of hardship
The law stipulates that family reunification under Section 36a of the Residence Act will be completely suspended until July 23, 2027. The previous regulation, which provided for a maximum of 1,000 visas per month for spouses, underage children and other close family members, is therefore no longer in force.
Instead, family reunification will in future only be possible in cases of hardship - for example, for urgent humanitarian reasons(Section 22 AufenthG) or in the political interests of the Federal Republic(Section 23 AufenthG).
However, it is precisely these exemptions that are considered difficult to access. Human rights organizations such as Pro Asyl criticize the fact that the hurdles were already extremely high in the last suspension phase between 2016 and 2018.
Further amendment to the Residence Act
In addition to the suspension of family reunification, a wording in the Residence Act was also changed. The word "limitation" was reinserted in Section 1 (1).
It now states that the law serves to "control and limit the influx of foreigners into the Federal Republic of Germany". This wording was only deleted in 2023.
According to the explanatory memorandum, this amendment is intended to send a clear signal: Migration must be based on the "integration and reception capacity" of the state, unauthorized entry should be prevented and obligations to leave the country should be enforced more consistently.
Who is affected - and who is not?
Only people with subsidiary protection are affected by the law. These are people who are not entitled to asylum or refugee protection under the Geneva Convention, but who may not be deported to their country of origin - usually because they are at risk of torture, death or other serious human rights violations.
According to the Central Register of Foreigners, around 381,000 people with subsidiary protection status were living in Germany at the end of 2024, around 296,000 of them from Syria. For these people, the law means that, for the time being, there is no legal possibility of bringing their spouse or children to Germany - unless there is an exceptional case.
Not affected, however, are recognized refugees, persons entitled to asylum and holders of a Settlement permit. Family reunification remains possible for them.
Are you still a minor, i.e. under the age of 18, but at least 16 years old? In this case, you can apply for a Settlement permit from the relevant Foreigners' office in accordance with Section 35 (1) sentence 1 in conjunction with Section 26 (4) sentence 4 of the Residence Act....
Unclear future: what will happen from 2027?
Federal Interior Minister Alexander Dobrindt (CSU) announced his intention to reassess the situation in two years' time. It remains unclear whether the suspension of family reunification will then end or be extended. Many organizations already fear that the temporary regulation will become a permanent restriction.
For those affected, this means that families remain separated for an indefinite period of time - and integration in Germany is made even more difficult.
Our tip: If you meet the requirements, you should check whether a Settlement permit or even the Naturalization is possible. With these residence permits, family reunification is still permitted.