Family Reunification with Parents and Other Relatives (§ 36 AufenthG)

By Attorney-at-Law Dr. Theresa Rath

Parents and other family members under Section 36 Residence Act: residence pathways beyond traditional family reunification

Family reunification is often associated with spouses and minor children. Less widely known is that German immigration law also contains provisions covering additional family relationships. Parents, adult children and other relatives frequently ask whether living together in Germany may be legally possible.

Section 36 Residence Act differs substantially from traditional family reunification pathways. It mainly concerns exceptional situations and family relationships outside ordinary spouse or child reunification. Close family ties alone rarely create entitlement to residence. Legal requirements are often significantly stricter than in reunification with German citizens.

Distinction from Section 28 Residence Act: reunification with Germans and with foreign nationals

Parent reunification is often perceived as one uniform topic. In reality, the legal bases differ considerably.

While parents of a minor German child are generally assessed under Section 28(1) sentence 1 no. 3 Residence Act, Section 36 mainly concerns family relationships involving foreign reference persons or relatives outside standard family reunification pathways.

This particularly includes:

Legal requirements differ substantially. Conditions applicable under Section 28 cannot automatically be transferred to Section 36. Conversely, close family relationships under Section 36 do not automatically create a residence entitlement.

Different categories within Section 36 Residence Act

Section 36 covers several legally distinct situations:

Each category follows different requirements. Conditions applicable in one constellation cannot automatically be transferred to another.

Other relatives and exceptional hardship

Section 36(2) commonly presents the greatest practical difficulties.

Potentially affected persons include:

Family ties alone rarely suffice. Authorities frequently focus on whether exceptional hardship exists.

The concept is not conclusively defined by statute. Authorities and courts instead examine whether circumstances substantially exceed hardships typically associated with family separation. Outcomes therefore remain highly dependent on individual facts.

Exceptional hardship may be discussed in situations involving:

None of these circumstances automatically lead to approval. Actual living conditions and evidence often become decisive.

Parents of skilled workers and EU Blue Card holders

Recent immigration reforms introduced additional pathways for certain parents of skilled workers.

These provisions differ substantially from hardship-based family reunification.

Relevant issues may include:

Residence rights here arise through separate statutory pathways rather than hardship considerations. Correct legal classification therefore becomes important from the outset.

Financial requirements and sustainability

Economic requirements may also become relevant under Section 36.

Authorities may examine:

Requirements nevertheless vary considerably between categories. Issues relevant in hardship cases may be assessed differently for parents of skilled workers.

Why applications frequently fail

Refusals do not necessarily arise because authorities dispute family relationships.

Practical difficulties often concern:

Under Section 36, legal classification and evidence frequently matter more than the existence of family ties alone.

Long-term perspectives

Section 36 remains largely an exceptional pathway. At the same time, successful applications may lead to longer-term residence options.

Later considerations may include:

Strategic assessment therefore often begins before filing an application, namely when determining which legal basis may realistically apply.