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Family reunification for parents and parents-in-law in cases of tolerated stay – creating opportunities through a change of status

Expert article in migration law

Family reunification for parents and parents-in-law in cases of tolerated stay – opening up possibilities through status change

People with tolerated stay status in Germany often do not have a right of residence, but only a temporary suspension of deportation. They are considered obligated to leave the country because their asylum application was rejected. Nevertheless, many of those affected ask: Is there a legal way to later enable the family reunification of parents or parents-in-law?

Together with you, I will examine whether and how a change of status to a residence permit as a lawyer can be successfully achieved – as a prerequisite for privileged family reunification in accordance with Section 36 Paragraph 3 of the Residence Act.

Family reunification with tolerated stay is not possible – however, there are prospects.

Family reunification with parents or parents-in-law under Section 36 Paragraph 3 of the German Residence Act (AufenthG) is permitted only to persons with a residence permit as lawyers. People with tolerated stay status (Duldung) are initially not entitled to apply for such reunification.

Nevertheless, targeted integration measures – such as school or vocational qualifications, qualified employment or sustainable integration – can enable a transition to a legal residence permit.

People with tolerated stay status in Germany generally do not have a right of residence, but only a temporary suspension of deportation. They are considered obligated to leave the country because their asylum application was rejected. Nevertheless, many of those affected ask: Is there a legal way to allow their parents or parents-in-law to join them at a later date?

Together with you, I will examine whether and how a change of status to a residence permit as a lawyer can be achieved – as a prerequisite for privileged family reunification in accordance with Section 36 Paragraph 3 of the Residence Act.

Blocking effect of Section 10 of the Residence Act – What significance it has for the residence permit

According to the explanatory memorandum to the law, Section 10 of the Residence Act is intended to prevent the asylum procedure from being used as a "gateway" to regular labor migration. Therefore, anyone primarily intending to enter Germany for work should not choose this route via an asylum application.

If an asylum application is definitively rejected or withdrawn, the so-called blocking effect of Section 10 of the Residence Act comes into force. The foreigner in question may, in principle, no longer obtain a residence permit for any other purpose before their departure. An exception exists only for certain humanitarian residence permits.

A residence permit is only valid before departure if it concerns:

a statutory entitlement provision, such as Section 25 Paragraph 3 of the Residence Act in the case of a prohibition of deportation, or
an explicitly regulated humanitarian residence permit.

Impact on the immigration of skilled workers

The Act on the Further Development of Skilled Immigration transformed numerous residence permits – especially for qualified skilled workers under Sections 18a and 18b of the Residence Act – into entitlement provisions.

Nevertheless, the legislator has explicitly clarified in Section 10 Paragraph 3 Sentence 4 of the Residence Act that these titles remain subject to the blocking effect. This means that even if there is a formal legal entitlement to their issuance, a direct transition from a negatively concluded asylum procedure to a skilled worker title is generally not possible.

A direct transition, for example to a residence permit for qualified employment or to an academic profession, therefore regularly fails due to the legal block.

When does the blocking effect not apply?

The blocking effect of Section 10 of the Residence Act presupposes that an asylum procedure has been concluded negatively. However, it does not apply in the following cases:

in the case of a temporary suspension of deportation after the expiry of a visa,
after the expiry of a previous residence permit,
if no asylum application has been submitted or the procedure has not been completed accordingly.

The exact legal classification is crucial in each individual case, as it determines whether a change of status within Germany is possible or whether departure is necessary first.

Changing status with tolerated stay – options for obtaining a residence permit with the right to family reunification

The so-called change of track refers to the legal transition from a tolerated stay to a residence permit – with the aim of being able to remain in Germany long-term and possibly enabling family reunification of parents or parents-in-law in accordance with Section 36 Paragraph 3 of the Residence Act.

For individuals whose asylum applications have been rejected and who have been granted temporary leave to remain, this path is complicated, but legally feasible in certain cases. I will support you in navigating this path safely and effectively.

Don't miss out on your options – I will support you on your way to a legally secure residence permit.

Legal basis for changing lanes

Some residence permits are not subject to the blocking effect of Section 10 Paragraph 3 of the Residence Act and therefore form the basis for a successful change of status. These include:

Tolerated stay for vocational training (§ 60c AufenthG)
Residence permit for vocational training for tolerated persons (§ 16g AufenthG)
Tolerated employment permit (§ 60d AufenthG)
Residence permit for well-integrated young people and young adults (§ 25a AufenthG)
Residence permit due to sustainable integration (§ 25b AufenthG)
Hardship clause (§ 23a Residence Act)
Impossibility of departure (§ 25 para. 5 Residence Act)

These residence permits represent initial steps towards securing a legal right to remain in Germany. However, they do not yet allow for the privileged family reunification under Section 36 Paragraph 3 of the German Residence Act.

Arrange a consultation appointment now – I will find the right path from tolerated stay to a residence permit with the right to family reunification.

Goal: Residence permit as a lawyer with right to family reunification

To enable family reunification with parents or parents-in-law, I must additionally provide proof of qualified vocational training or academic qualifications and take up corresponding employment. However, direct access to skilled worker qualifications under Sections 18a or 18b of the German Residence Act (AufenthG) is denied to those with tolerated stay status by Section 10 Paragraph 3 Sentence 4 of the German Residence Act (AufenthG).

The only legally permissible way is via the intermediate step § 19d AufenthG in conjunction with a higher-qualified residence permit, such as:

EU Blue Card (§ 18g Residence Act)
Residence permit for research (§ 18d AufenthG)
Mobile research (§ 18f Residence Act)
Employees transferred within the company (§ 19 AufenthG)
Mobile intra-corporate transferred employees (§ 19b AufenthG)
Civil service (§ 19c para. 4 sentence 1 Residence Act)

Complicated starting point? I will develop a strategy for your family reunification.

Only feasible for highly qualified individuals – I will assess your chances.

Changing one's residency status with the aim of bringing parents or parents-in-law to Germany is a complex legal process that is usually only successful if the person concerned has:

an outstanding educational biography,
a recognized academic qualification,
and has a correspondingly qualified job in Germany.

In each individual case, I examine whether such a path is realistic and legally permissible – and accompany you step by step.

Schedule an appointment now – I offer professional support with changing your tax status and family reunification.

Family reunification with tolerated stay status – Your immigration lawyer creates legal perspectives

The process of bringing parents or parents-in-law to Germany is legally complex – however, it can be successfully implemented with a clear strategy and professional support. I will support you in a structured and individualized manner at every stage of the process.

Analysis of your initial immigration situation

First, I will carefully examine your current situation. Do you have a temporary suspension of deportation? Has an asylum procedure been completed? Does the blocking effect of Section 10 of the Residence Act apply?

I analyze whether and how a legally secure transition to a residence permit is possible – and develop a viable strategy from this.

Developing a long-term perspective for remaining in the area

I will develop a sustainable solution. Depending on the individual case, the following options in particular may be considered:

Tolerated stay for training or employment
Residence permit according to § 25a or § 25b of the Residence Act
Residence permit according to § 19d of the Residence Act
targeted preparation for skilled worker status

My goal is always to achieve a stable residency status that will also enable family reunification in the long term.

Recognition of qualifications and change of track

I will assist you with the recognition of professional or academic qualifications and provide you with comprehensive advice on the so-called change of status – that is, the transition to a residence permit for the purpose of qualified employment.

I will support you in all steps towards integration into the German labor market – legally sound and practical.

Strategically prepare residence permits

I will handle the legally compliant application process for all relevant residence permits that can serve as a basis for future family reunification. These include, for example:

the EU Blue Card
Residence permit for research
Title for internal company transfer
special residence permits for civil servants or qualified professionals

Legally securing family reunification

Once the residency requirements are met, I professionally support the actual family reunification process – from the visa application to securing livelihoods and checking for sufficient living space.

My aim is not only to help you with individual applications, but to create a legally sound overall solution – so that the reunification of your family members does not fail due to details.

Do you want to bring your parents or parents-in-law to Germany – even if you currently only have a temporary residence permit? Then seize your opportunity: Through the strategically supported process of securing permanent residency, which I offer, I open up real possibilities for family reunification and a permanent residence.