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:

parents of minor foreign children (Section 36(1))
other relatives in hardship situations (Section 36(2))
parents of certain skilled workers or EU Blue Card holders (Section 36(3))

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:

parents joining minor foreign children (Section 36(1))
other relatives in hardship situations (Section 36(2))
parents of certain skilled workers or EU Blue Card holders (Section 36(3))

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:

parents of adults
siblings
other relatives
family members requiring substantial support

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:

severe illness
significant care dependency
lack of support in the country of origin
unusual family dependency
particular vulnerability

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:

skilled worker status
EU Blue Card status
financial self-sufficiency
health insurance
eligible family members

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:

income
accommodation
long-term financial stability
health insurance
practical care arrangements

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:

evidence of exceptional hardship
documentation of medical conditions
missing medical records
unclear care situations
financial requirements
insufficient evidence of dependency relationships

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:

extensions
permanent residence
long-term family life in Germany
consolidation of residence status

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

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FAQ

In certain circumstances, parents may be able to obtain residence permission based on family ties to adult children living in Germany. In many cases, the authorities examine whether exceptional hardship or other special circumstances exist.

Not automatically. The authorities usually assess whether adequate care can realistically be provided in the country of origin and whether family support in Germany is genuinely required.

Exceptional hardship requires more than the normal consequences of family separation. Authorities examine whether particular personal, medical or family circumstances justify an exception.

There is generally no automatic right to do so. However, residence options under Section 36 Residence Act or other immigration provisions may be available depending on the circumstances.

Yes. Authorities often examine whether living expenses can be covered without relying on public benefits. Financial circumstances may therefore play an important role.

Successful applications often depend on strong supporting evidence. Depending on the case, medical reports, family documentation, care assessments, financial evidence and proof regarding the situation in the country of origin may be relevant.

Yes. Depending on the circumstances, legal action against a visa refusal or residence decision may be possible. The prospects of success depend on the facts of the case and the reasoning provided by the authorities.