Case study: Parental reunification for skilled workers
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A. Facts
What had happened?
The client, an Indian citizen and recognized professional , 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 had supported him and his family several times in the past with 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 enabled the client's parents to spend time with their grandchildren in Germany.
Given the positive experience and the existing family ties, the client now planned to facilitate his parents' permanent residence in Germany. The basis for this was to be the new legal provisions regarding the reunification of skilled workers. The client met the essential requirements: He had a valid EU Blue Card (issued after March 1, 2024) and had already rented a suitable apartment for his parents.
However, when attempting to book a visa appointment to apply for the required national D visa at the responsible German diplomatic mission in India, the client discovered that a specific booking category for permanent parental reunification was not available. Official information sheets or instructions for submitting the required documents were also missing. It was therefore obvious that the embassy had not yet created the structural prerequisites for applying for parental reunification, even though the new legal situation already provided a corresponding entitlement to a visa. Against this backdrop, the client retained a VISAGUARD attorney 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 the parental reunification of skilled workers under the current provisions of Section 36 of the Residence Act . Since an official list of documents from the embassy was not available, the lawyer independently compiled a comprehensive list of documents based on the legal requirements, covering the necessary evidence. These included, in particular:
Proof of the client’s professional qualification (EU Blue Card),
Wage certificates (proof of secure livelihood),
Proof of family relationship (birth certificates),
Rental agreement for the apartment rented for the parents,
Passports and other personal documents of the parents.
The lawyer then submitted a written application for a national visa for the parents' reunification directly to the German embassy via an official legal letter and a supplementary email. At the same time, he explicitly requested an appointment for the parents to submit the application in person.
Despite repeated attempts to contact the embassy, the embassy initially remained inactive. There was no acknowledgement of receipt, nor any substantive response to the lawyer's letters or calls. After the three-month deadline pursuant to Section 75 of the Administrative Court Act (VwGO) had expired, the lawyer announced a lawsuit for failure to act. He correctly pointed out that the written visa application had triggered the application deadline. The failure to schedule 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, examined the submitted documents and, after successful review, issued the requested national visa for the parents' permanent residence in Germany.
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C. Conclusion
What can we learn from this case?
The case study demonstrates that when new legal regulations are introduced, administrative structures are often delayed in adapting, which can lead to considerable legal uncertainty for those affected. The case highlights the importance of sound legal advice from a specialized lawyer, especially in situations where an authority effectively prevents the possibility of filing 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 demonstrates 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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