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Case study: Parental reunification for skilled workers

Practical tip from a lawyer: How does family reunification with skilled workers work?

What is the problem with parents joining skilled workers?

  • Long-term family reunification with skilled workers (§ 36 para. 3 AufenthG) is possible if the foreigner first received a skilled worker residence permit after 01.3.2024.

  • Many foreigners don't know how to apply for family reunification. Embassy websites usually lack official information or application deadlines for family reunification for skilled workers.

  • An additional challenge when parents join skilled workers is securing their livelihood, as older people often find it difficult to find a job in Germany and health insurance for older people is very difficult to obtain.

Here's how lawyers solve the problem:

  • At some embassies, applications for family reunification for skilled workers can be submitted via the so-called "overseas portal." All necessary documents are listed there.

  • If the application cannot be submitted via the international portal, a document list must be compiled manually or the embassy must be contacted to request the necessary documents. Unfortunately, in practice, embassies often do not respond.

  • When parents join skilled workers, their livelihood is usually secured through their children in Germany (e.g., via a declaration of sponsorship). The necessary health insurance must be private, substitute health insurance (at least at the basic rate).

A. Facts
What had happened?

The client, an Indian national and recognized expert , holds an EU Blue Card issued to him after March 1, 2024. He lives and works permanently in Germany for an IT company. His parents have supported him and his family on several occasions in the past through short-term visits . These visits were regularly used to care for the client's and his wife's minor children. This provided significant relief for the client and allowed his parents to spend time with their grandchildren in Germany.

Given the positive experiences and existing family ties, the client planned to facilitate his parents' permanent residency in Germany. This was to be based on the new legal provisions regarding family reunification for skilled workers. The client fulfilled the essential requirements: He possessed a valid EU Blue Card (issued after March 1, 2024) and had already rented suitable accommodation for his parents.

When attempting to book a visa appointment at the responsible German embassy in India to apply for the required national D visa, the client discovered that a specific booking category for permanent parental reunification was not available. Likewise, official information leaflets or instructions for submitting the necessary documents were lacking. It was thus evident that the embassy had not yet established the structural prerequisites for applying for parental reunification, even though, under the new legal framework, a corresponding entitlement to a visa already existed. Against this backdrop, the client engaged a VISAGUARD lawyer to represent his interests in order to obtain the parental visa after all.

B. Legal solution
How did the VISAGUARD lawyer resolve the case?

The appointed lawyer first thoroughly examined the legal requirements for family reunification of skilled workers according to the current provisions of Section 36 of the German Residence Act (AufenthG) . Since an official list of required documents from the embassy was not available, the lawyer independently compiled a comprehensive list of documents based on the legal requirements, which covered all the necessary documentation. This included, in particular:

  • Proof of the client's professional qualification (EU Blue Card),

  • Wage statements (proof of secure livelihood),

  • Evidence of family relationship (birth certificates),

  • Rental agreement for the apartment rented for the parents,

  • Passports and other personal documents of the parents.

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The lawyer then submitted a written application for a national visa for family reunification directly to the German embassy via an official letter from his lawyer and a supplementary email. At the same time, he explicitly requested an appointment for the parents to submit their application in person.

Despite repeated attempts to contact the embassy, it initially remained inactive. There was neither an acknowledgment of receipt nor any substantive response to the letters or phone calls from the lawyer. After the three-month period stipulated in Section 75 of the Administrative Court Procedure Act (VwGO) had expired, the lawyer announced his intention to file an action for failure to act. He correctly pointed out that the application period had been triggered by the written visa application. The lack of an appointment did not release the authority from its obligation to process the application.

Due to the legal clarification and the threat of legal proceedings, the embassy finally relented, scheduled an appointment, reviewed the submitted documents, and, after successful review, granted the requested national visa for the parents' permanent residence in Germany.

C. Conclusion
What can be learned from this case?

This case study demonstrates that new legal regulations often lead to delayed adjustments in administrative structures, which can result in significant legal uncertainty for those affected. The case illustrates the importance of sound legal counsel from a specialized lawyer, particularly in situations where an authority effectively prevents the applicant from submitting an application.

Through precise legal argumentation, the preparation of his own comprehensive documentation, and the consistent enforcement of his client's rights – if necessary, even under threat of legal action – the client was able to achieve his goal: the permanent reunification of his family in Germany in accordance with the new legal situation. The case also illustrates that formally submitting a visa application is generally permissible and legally effective, even without an available online appointment. Authorities may not cite organizational deficiencies to delay or thwart legitimate applications.

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