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Privileged family reunification for parents and parents-in-law according to § 36 para. 3 of the Residence Act

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Privileged family reunification for parents and parents-in-law according to § 36 para. 3 of the Residence Act

Effective March 1, 2024, Section 36 Paragraph 3 of the German Residence Act (AufenthG) grants certain skilled workers the opportunity, for the first time, to bring their parents and parents-in-law to Germany under a privileged family reunification provision. Unlike previously, neither exceptional personal circumstances nor a humanitarian hardship case needs to be demonstrated. This regulation represents a significant change in German residence law and is currently limited to the period ending December 31, 2028.

The legislator deliberately set the requirements low: Neither a need for care nor a specific need for support on the part of the family members joining them is required. The aim of the new regulation is to offer qualified professionals an additional incentive to establish their permanent residence in Germany. Although the explanatory memorandum to the law refers to aspects of the care and support of family members, these do not play a binding role in the legal admissibility of family reunification.

Three key reasons for family reunification – your advantages at a glance

Even if certain aspects are not explicitly regulated in the law itself, the professionals affected see clear practical advantages in the reunification of parents and parents-in-law. The regulation allows them to personally accompany aging relatives in Germany, especially when care or support needs arise in later life. This preserves family ties even in old age, without forcing professionals to relocate their lives back to their country of origin.

Furthermore, the presence of parents or in-laws can significantly ease the burden of daily family life, especially in households with young children. Support with childcare makes it easier to balance family and career and can play a crucial role in enabling both parents to continue or return to employment.

Regardless of specific forms of assistance, family reunification for parents and parents-in-law also strengthens overall family cohesion. For many skilled professionals, this emotional security is a key prerequisite for settling in Germany long-term and permanently.

Do you want to find out if you or a family member can benefit from the privileged family reunification provisions for parents or parents-in-law? Our immigration law firm offers expert advice on all aspects of Section 36 Paragraph 3 of the German Residence Act (AufenthG) – from the requirements and application process to visa issuance.

Requirements for privileged family reunification of parents and parents-in-law according to § 36 para. 3 of the Residence Act

A prerequisite for family reunification with parents or parents-in-law is that the so-called primary beneficiary – i.e., the skilled worker living in Germany – first time from March 1, 2024 has received a residence permit based on a relevant skilled worker provision of the Residence Act. The decisive factor is not the current residence status, but the date on which the corresponding residence permit was first granted.

According to Section 36 Paragraph 3 of the Residence Act, the following residence permits are particularly eligible for preferential treatment:

Section 18a of the Residence Act – Skilled worker with vocational training
Section 18b of the Residence Act – Skilled worker with academic training
Section 18c Paragraph 3 of the Residence Act – Settlement permit for highly qualified professionals
Section 18d of the Residence Act – Residence permit for research purposes
Section 18f of the Residence Act – Residence permit for mobile researchers
Section 18g of the Residence Act – EU Blue Card
Section 19 of the Residence Act – Employees transferred within a company
Section 19b of the Residence Act – Mobile intra-corporately transferred employees
Section 19c Paragraph 1 of the Residence Act – Residence permit for other employment purposes, such as for senior employees, managers, business specialists, scientists, visiting scientists, engineers and technicians in research teams and teachers
Section 19c Paragraph 2 of the Residence Act – Persons with particularly extensive practical professional knowledge
Section 19c paragraph 4 sentence 1 of the Residence Act – Civil servants
Section 21 of the Residence Act – Self-employed persons and entrepreneurs

For the reunification of parents-in-law, it should also be noted that the spouse of the skilled worker must be a resident at the time the residence permit for the parents-in-law is first granted. lives permanently with the skilled worker in Germany. However, the legal right to family reunification for the parents-in-law derives exclusively from the residence permit of the skilled worker himself.

If the residence permit of the spouse is subsequently revoked – for example, due to departure, expiration of the permit, or in the case of divorce – this generally does not affect the residence permit already granted to the parents-in-law, provided the skilled worker continues to live and work legally in Germany. The requirement of the spouse's permanent residence is therefore only relevant at the time the permit is initially granted.

Our law firm, specializing in immigration law, will individually assess whether you meet the requirements for privileged family reunification under Section 36 Paragraph 3 of the German Residence Act. We will advise you on the correct residence permit, deadlines, required supporting documents, and guide you through the entire visa and application process.

Securing livelihood in the case of privileged family reunification of parents and parents-in-law according to § 36 para. 3 of the Residence Act

For privileged family reunification under Section 36 Paragraph 3 of the German Residence Act (AufenthG), proof of sufficient means of subsistence is generally required. The relevant provision in this regard is Section 5 Paragraph 1 Number 1 of the German Residence Act. Deviations from this are only possible in very limited exceptional cases. As a guideline, at least approximately €1,000 per month per person joining the family member is currently considered sufficient, including health insurance and housing costs. If the professional provides free accommodation and meals, the required amount can be set accordingly lower.

Proof of sufficient means of subsistence can be provided in various ways. In practice, the following options are particularly relevant:

Declaration of commitment pursuant to Section 68 of the Residence Act:
The inviting professional can submit a declaration of commitment – possibly together with their spouse – provided their combined household income is sufficient. A separate declaration of commitment is required for each person joining the family. Furthermore, third parties, such as other relatives living in Germany, can also submit a declaration of commitment; it is also permissible to divide the commitment among several people.

Blocked account to secure livelihood:
Alternatively, the required total amount can be deposited into a blocked account. The deposited sum must cover living expenses for the entire intended duration of the stay. The blocked account can be set up and financed not only by the parents or parents-in-law joining their families, but also by third parties – including persons residing abroad.

Employment status of the parents or parents-in-law who are joining their families:
The residence permit under Section 36 Paragraph 3 of the German Residence Act (AufenthG) grants unrestricted access to the German labor market. This means that even simple, unskilled employment can contribute to securing one's livelihood. Taking up employment is not mandatory upon entry into Germany, but can also occur after arrival or as part of an extension of the residence permit.

Our immigration law firm provides comprehensive support in planning and implementing family reunification with your parents or parents-in-law. Schedule a consultation now – we will guide you through every step of the reunification process.

Health insurance for family reunification with parents and parents-in-law according to § 36 para. 3 of the Residence Act

For privileged family reunification under Section 36 Paragraph 3 of the Residence Act, proof of sufficient health insurance is mandatory. This requirement stems from the legal definition of secured means of subsistence in Section 2 Paragraph 3 of the Residence Act. Regardless of residency status, health insurance has been mandatory in Germany since 2009.

In principle, various insurance options are available, but in practice each is associated with limitations:

Statutory health insurance (GKV):
Joining the statutory health insurance system is generally only possible upon taking up employment subject to social security contributions. Free family insurance is generally not available when parents or parents-in-law join their families in Germany.
Private health insurance (PKV):
Taking out private health insurance often involves considerable costs and in many cases requires either a high income or self-employment. This often presents a significant obstacle, especially for older family members joining their relatives later in life.
Blocked account or declaration of commitment:
If living expenses are secured via a blocked account or a declaration of commitment, these must also cover potential medical costs. Immigration authorities regularly require corresponding documentation as part of the application process.
Social benefits:
Using social assistance as proof of health insurance is legally uncertain and is generally not recognized by the authorities as sufficient coverage.

In practice, the lack of or limited access to health insurance proves to be one of the biggest obstacles to family reunification for parents and parents-in-law. This particularly affects families who do not have sufficient financial resources to bear high insurance premiums on a long-term basis.

In summary, it is evident that the regulation in Section 36 Paragraph 3 of the Residence Act primarily benefits individuals who either possess sufficient financial resources or have realistic access to adequate health insurance. Therefore, professionals should carefully examine, even before submitting an application, whether and in what form health insurance can be legally and permanently guaranteed for the parents or parents-in-law who are joining them.

Our immigration law firm will assist you in verifying all the requirements for privileged family reunification for parents or parents-in-law – including health insurance, financial support, and declarations of commitment. Request a personal consultation now – we will guide you through the entire process.

Housing requirements for family reunification of parents and parents-in-law according to § 36 para. 3 of the Residence Act

For the reunification of parents or parents-in-law with skilled workers, proof of sufficient living space is required. This requirement arises from Section 29 Paragraph 1 Number 2 of the German Residence Act (AufenthG) and also applies within the framework of privileged family reunification according to Section 36 Paragraph 3 of the German Residence Act (AufenthG).

Parents or parents-in-law joining the family can either live in the same household as the professional caregiver or move into their own apartment. In both cases, the crucial factor is that the living space is adequate, dignified, and meets regionally typical standards. The standard of social housing in the respective region is regularly used as a benchmark.

The following guidelines serve as a reference:

at least 12 m² of living space per person over six years of age
at least 10 m² of living space per child under six years of age
Kitchen, bathroom and toilet must be available for shared use to a reasonable extent.
In practice, a shortfall of up to ten percent in the aforementioned areas is generally considered harmless.

A particular advantage for skilled workers is that, in cases of family reunification with parents or parents-in-law, living space already used by the family is not additionally counted towards the required living space. While the housing requirement is waived in whole or in part under certain conditions when spouses or children join their families (§ 29 para. 5 of the German Residence Act), this regulation provides additional flexibility in the official assessment of existing living space when parents or parents-in-law join their families.

Our law firm provides practical advice on family reunification under Section 36 of the German Residence Act – including all requirements regarding housing, living expenses, and health insurance. Contact us now for a free consultation – we will assess your chances of family reunification in a legally sound and individualized manner.

Validity period of the residence permit in the case of family reunification with parents and parents-in-law according to § 36 para. 3 of the Residence Act.

Residence permits for parents or parents-in-law joining their families are granted according to the official guidelines, based on Section 27 Paragraph 4 of the Residence Act. The decisive factor is the immigration status of the inviting professional.

Specifically, this means that the validity period of the residence permit is generally based on the residence permit of the skilled worker and may not exceed its expiry date. A minimum validity of one year is generally stipulated for initial issuance. If the skilled worker acquires German citizenship during an ongoing residence permit process, this does not negatively affect the residence status of their parents or parents-in-law who subsequently joined them.

The reason for this is that Section 36 Paragraph 3 of the Residence Act also applies to foreign family members of German citizens via the reference provision of Section 28 Paragraph 4 of the Residence Act. The right to family reunification therefore remains even after the skilled worker has been naturalized.

In the long term, parents or parents-in-law who have joined their families later also have an independent residency perspective. With successful integration – for example, by taking up employment – they can obtain their own independent residence permit, a settlement permit, or, under the legal requirements, even German citizenship. Such a change in status is possible at any time if the requirements are met.

Whether it's initial issuance, renewal, or a change of status – we provide legally sound and personalized support for family reunification with your parents or parents-in-law. Schedule a consultation now – find out how long the residence permit is valid and what long-term options are available.

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We will be happy to advise you comprehensively and personally on your concerns.

Family reunification for parents-in-law according to Section 36 Paragraph 3 of the German Residence Act – Your immigration lawyers will guide you to your goal with legal certainty.

Do you want to bring your in-laws to Germany? Since March 1, 2024, this has been possible under certain conditions – and for the first time without having to prove exceptional hardship. Our law firm, specializing in immigration law, provides comprehensive and reliable support for privileged family reunification under Section 36 Paragraph 3 of the German Residence Act (AufenthG) – from the initial legal assessment to the granting of the residence permit.

Our support with family reunification

Family reunification with parents-in-law is legally complex and involves numerous formal requirements. We ensure a structured, legally sound, and proactive implementation of your request.

Legal review and individual assessment
We check whether your residence permit as a skilled worker meets the legal requirements and assess your personal and family situation in detail.

Preparation and support of the visa application process
We ensure that all necessary documents are complete and correctly compiled, especially regarding proof of financial security, housing, and health insurance. We also provide comprehensive support when submitting a declaration of commitment.

Communication with authorities
We will handle all correspondence with the relevant immigration authorities and the German embassy or consulate on your behalf. In case of questions, delays, or legal uncertainties, we will represent your interests consistently and with a focus on finding solutions.

Strategic advice in times of difficulty
Should problems arise during the process, we will develop legally sound courses of action, advise on alternatives in case of threatened rejection, and support you with extensions of the residence permit, a possible change of status, or a later naturalization of the parents-in-law.

We reliably guide you through every step of the family reunification process – nationwide and personally. Trust in our experience in immigration law and benefit from individualized support. Schedule your consultation now – discreetly, competently, and with a clear focus on your needs.

Frequently Asked Questions (FAQ)

What does Section 36 Paragraph 3 of the Residence Act regulate?

Since March 1, 2024, Section 36 Paragraph 3 of the Residence Act has allowed certain foreign skilled workers to bring their parents or parents-in-law to Germany. Unlike previous regulations, this no longer requires a special hardship case or humanitarian exception.

Who can apply for family reunification for parents or parents-in-law?

Anyone who received a residence permit as a skilled worker in Germany for the first time on or after March 1, 2024, is eligible to apply. This person is referred to as a "qualified skilled worker." A prerequisite is that the residence permit was granted for a legally protected purpose.

Which residence permits entitle holders to family reunification with parents or parents-in-law?

The privileged family reunification of parents and parents-in-law pursuant to Section 36 Paragraph 3 of the Residence Act (AufenthG) applies in particular to residence permits pursuant to Sections 18a, 18b, 18d, 18f, 18g, 19, 19b, 19c Paragraphs 1, 2 and 4 as well as Section 21 of the Residence Act (AufenthG), provided that they were first issued after March 1, 2024.

Can in-laws also move there?

Yes, family reunification with parents-in-law is explicitly possible. If the residence permit of the spouse is later revoked, this generally has no effect on the residence permit of the parents-in-law, as long as the skilled worker continues to live and work legally in Germany.

Do the parents or parents-in-law have to provide for their livelihood?

Generally, yes. Securing one's livelihood is usually a prerequisite for obtaining a residence permit. Sufficient financial resources must be available to cover living expenses without recourse to public assistance. A guideline is approximately €1,000 per person per month.

Is health insurance required for the parents joining the family later?

Yes. Adequate health insurance coverage is part of the requirement to secure one's livelihood as defined in Section 2 Paragraph 3 of the German Residence Act (AufenthG). The parents or parents-in-law must have either statutory or private health insurance. A residence permit is generally not granted without proof of insurance.

Does sufficient living space need to be proven?

Yes. According to Section 29 Paragraph 1 Number 2 of the German Residence Act (AufenthG), sufficient living space is required. The parents or parents-in-law can either live in the skilled worker's household or move into their own apartment. The responsible immigration authority assesses whether the living space is considered sufficient based on the specific living conditions.

How long is the residence permit valid for parents or parents-in-law?

The residence permit is generally granted for a minimum of one year upon initial issuance. Its validity is linked to the residence permit of the skilled worker and may not exceed its duration. An extension is possible provided the requirements continue to be met.

Can people with protected status or tolerated stay also benefit from privileged parental reunification?

Not immediately. Individuals with asylum status, subsidiary protection, or tolerated stay are initially excluded from the privileged family reunification for parents and parents-in-law under Section 36 Paragraph 3 of the German Residence Act. However, if they later obtain a residence permit as a skilled worker, which was first granted after March 1, 2024, family reunification may be possible.

Do parents-in-law have to be deported after a divorce?

No. A skilled worker's divorce does not automatically affect the residence permit of their in-laws who subsequently joined them. The only relevant factor is that the skilled worker continues to hold a valid residence permit. The continued existence of the marriage is not a requirement under Section 36 Paragraph 3 of the German Residence Act.