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Family reunification for parents and parents-in-law with protected status: Perspectives for people with humanitarian residence permits
Expert article in migration law
Family reunification for parents and parents-in-law with protected status – options for persons with humanitarian residence permits
Section 36 Paragraph 3 of the German Residence Act (AufenthG), newly introduced at the beginning of March 2024, allows lawyers to claim the privileged family reunification provisions for skilled workers – but only for individuals who received a residence permit as a skilled worker for the first time on or after that date. People with protected status (e.g., asylum, subsidiary protection, or a prohibition of deportation) are not directly benefiting from this regulation.
Nevertheless, those granted protection are often well-integrated, qualified, and professionally active. Switching to a residence permit for skilled workers can not only facilitate family reunification but also create long-term security and better prospects on the German labor market.
Recognition as a skilled worker could also allow people with protected status to benefit from privileged family reunification for parents and parents-in-law in the future – a significant incentive to remain permanently in Germany.
From protected status to residence permit with family reunification for parents or parents-in-law – an overview of my options
As a lawyer specializing in immigration law, I offer comprehensive support to determine whether a change from protected status to a skilled worker designation is possible. Get in touch for a consultation now – I'll show you the path to a residence permit with the right to family reunification for your parents and parents-in-law.
Family reunification of parents-in-law and parents in the presence of an existing deportation ban or humanitarian residence permit – possibilities for circumventing the blocking effect of Section 10 of the Residence Act.
If a humanitarian residence permit is granted after an unsuccessful asylum procedure, for example due to a deportation ban, this generally only occurs after the asylum procedure has been concluded by the immigration authorities or the Federal Office for Migration and Refugees. In these cases, Section 10 Paragraph 3 of the Residence Act applies. This provision generally precludes a change to other residence permits, in particular a residence permit as a skilled worker.
This has significant consequences for those affected. They are denied access to the privileged family reunification for parents or parents-in-law under Section 36 Paragraph 3 of the Residence Act – even if they are now professionally integrated and would actually meet the requirements for a residence permit.
The legal situation may be different in rare cases where an application for protection from deportation or for a humanitarian residence permit is submitted directly to the immigration authorities without a prior asylum procedure. In these cases, Section 10 of the Residence Act does not apply. A change to a residence permit as a skilled worker is then generally possible.
However, certain humanitarian residence permits are explicitly subject to the so-called blocking effect of Section 10 Paragraph 3 of the Residence Act if an asylum procedure has already been initiated. These include, in particular:
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the residence permit after a decision by a hardship commission (§ 23a AufenthG),
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the residence permit in case of impossibility of departure (§ 25 paragraph 5 AufenthG),
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the residence permit for well-integrated young people or young adults (§ 25a AufenthG) as well as
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the residence permit due to sustainable integration (§ 25b AufenthG).
This blocking effect lasts indefinitely. It also applies if the person concerned is now working as a lawyer, lives a permanently integrated life, and independently secures their economic livelihood.
Alternative route via § 19d AufenthG: Possibilities for the reunification of parents and parents-in-law despite the blocking effect according to § 10 AufenthG.
Section 19d of the Residence Act does not establish an entitlement, but rather a discretionary provision ("should be granted"). However, the provision offers a legally recognized way to overcome the blocking effect of Section 10, paragraph 3 of the Residence Act. This is particularly true due to the specifically inserted paragraph 3, which allows skilled workers to switch to certain residence permits despite a prior asylum procedure.
It is important to note that the residence permit under Section 19d does not itself grant privileged family reunification for parents or parents-in-law as defined in Section 36 Paragraph 3 of the Residence Act. It is not among the privileged residence permits listed therein. Nevertheless, Section 19d can be considered a legally permissible intermediate step towards later obtaining a residence permit that allows privileged family reunification.
Not all residence permits for skilled workers are available to former rejected asylum seekers. Eligibility provisions such as Sections 18a, 18b, and 19c, paragraph 2 of the Residence Act remain inaccessible due to Section 10, paragraph 3, sentence 4 of the Residence Act. However, a transition from Section 19d to certain residence permits that are recognized as permissible target permits is possible. These include, in particular:
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the EU Blue Card (§ 18g AufenthG),
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the residence permit for research purposes (§ 18d AufenthG),
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mobile research (§ 18f AufenthG),
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the residence permit for employees transferred within the same company (§ 19 AufenthG),
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the residence permit for mobile intra-corporately transferred employees (§ 19b AufenthG) as well as
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the residence permit for civil service employment (§ 19c paragraph 4 sentence 1 AufenthG).
These residence permits are considered permissible target permits via Section 19d, since they either do not constitute entitlement provisions within the meaning of Section 10 Paragraph 3 Sentence 4 of the Residence Act or can overcome the blocking effect due to their legal design.
However, particular caution is advised in connection with Section 19f of the Residence Act. Even if the substantive requirements for the EU Blue Card are met, Section 19f, paragraph 2, number 2 of the Residence Act restricts its issuance to persons with a humanitarian residence permit outside the scope of Section 25, paragraphs 1 and 2 of the Residence Act. This particularly affects holders of residence permits under Section 25, paragraphs 3, 4, or 5, as well as under Section 23a, 25a, or 25b of the Residence Act.
A direct transition to an EU Blue Card is not possible in these cases. However, a phased transition via Section 19d remains possible, provided that a subsequent transition to a "free" residence permit for skilled workers – for example, under Section 18d or Section 19b of the Residence Act – is legally permissible.
I will check your residence permit – I will show you the legally possible way to family reunification.
Protection status and residence permit as a skilled worker – legally combining both residence titles
Many people with protected status – such as recognized refugees, asylum seekers, or those granted subsidiary protection – gain secure residency status in Germany for the first time through their recognition. This status is associated with significant legal advantages. These include, in particular, facilitated family reunification, simplified requirements for later naturalization, the right to a travel document for refugees, and a permanent right of residence that is not tied to a specific employment relationship.
In contrast, a residence permit as a skilled worker is much more closely tied to specific employment. Job loss can have immediate consequences under immigration law. While the "Opportunity Card" under Section 20a of the German Residence Act (AufenthG) has allowed individuals to remain in Germany for up to 18 months to search for new qualified employment since June 1, 2024, and during this period also permits up to 20 hours of work per week in unskilled jobs, it does not offer the same level of legal security as protected status.
Against this background, those affected often face the question of whether they have to choose between protected status and skilled worker residency. This question can be clearly answered in the negative. As early as 2013, the Federal Administrative Court ruled that the simultaneous existence of multiple residence permits is permissible, provided the respective legal requirements are met and the permits have different legal effects.
Insofar as immigration authorities occasionally object that issuing multiple residence permits is technically impossible, the Federal Administrative Court has also addressed this issue. According to the court, necessary information or restrictions can easily be noted in the supplementary or remarks field of the respective residence permits.
As long as the conditions for protected status continue to exist, there is no reason to relinquish it. Rather, it is advisable to additionally apply for a residence permit as a skilled worker. In this way, those affected can simultaneously secure their protected status with its far-reaching benefits and also create the legal prerequisites for family reunification with parents or parents-in-law under Section 36 Paragraph 3 of the German Residence Act.
Contact me now – I will check whether you can obtain both residence permits simultaneously and guide you through the entire process.
No return prognosis in the visa procedure for family reunification of parents and parents-in-law pursuant to Section 36 Paragraph 3 of the Residence Act.
In immigration law consultations, the question frequently arises whether a positive return prognosis can be required for family reunification with parents or parents-in-law in Germany. Particularly in the case of skilled workers with protected status, the unstable situation in the family members' country of origin often leads to the assumption that a return after the expiration of the residence permit is impossible anyway. However, this consideration does not regularly justify the rejection of the visa application.
While family reunification for parents or parents-in-law is structured as a discretionary decision under Section 36 Paragraph 3 of the Residence Act, the public interests of the Federal Republic of Germany must also be considered in this decision (Section 5 Paragraph 1 Number 3 of the Residence Act). In this context, reference is frequently made to the Visa Handbook, which requires that entry must take place "in an orderly manner." This is sometimes interpreted to mean that the willingness of the family members joining them to return to their country of origin must also be demonstrated.
The official explanatory notes to the visa handbook clarify, however, that an assessment of the intention to return is only required for stays that are temporary from the outset. This includes, in particular, au pair stays, language courses, and work based on a contract for services. In these situations, the stay is limited in time, making a return prognosis objectively necessary.
Family reunification for parents and parents-in-law under Section 36 Paragraph 3 of the Residence Act, however, is not considered a temporary purpose of residence. Stays within the framework of family reunification are not legally limited in time. Rather, they aim to enable qualified professionals to obtain permanent residence in Germany and to promote their sustainable integration.
This legislative objective has been expressly confirmed by the Act on the Further Development of Skilled Immigration. Against this background, it should be noted that the granting of a visa under Section 36 Paragraph 3 of the Residence Act does not require a positive return prognosis for the parents or parents-in-law.
Let me advise you now – I will ensure that legal options are consistently used and unjustified rejections are avoided.
Family reunification for parents and parents-in-law with protected status – explore all possibilities with my legal support.
As a lawyer specializing in immigration law, I focus on supporting people with protected status in asserting their rights to family reunification. I combine sound legal advice with strategic planning and individual representation before immigration authorities and German diplomatic missions abroad.
As an experienced immigration lawyer, I will guide you through all legally permissible steps and develop a strategy tailored to your individual situation. My responsibilities include, in particular:
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Status review and perspective analysis
I analyze your individual situation and examine whether and how a change to skilled worker status is legally possible. -
Assistance with changing residence permits
I will support you with the application process, the compilation of the required documentation, and ongoing communication with the relevant authorities. -
Enforcement of family reunification
I prepare applications for family reunification of parents or parents-in-law in a legally sound manner and represent your interests throughout the entire process – until the visa is granted. -
Strategic approach in case of blocking effect or rejection
I review rejection notices, file appeals and point out legally permissible avenues that may be open even in the case of a blocking effect under Section 10 of the Residence Act.
This ensures that existing legal options are consistently used and that your family law options are exploited to the fullest extent.
Do you want to bring your parents or parents-in-law to Germany – even if they have protected status or a temporary suspension of deportation? Contact me. I will examine your options and work with you to develop a viable solution.
