Navigating Family Reunification in Cases of Exceptional Hardship: Understanding § 36 AufenthG

Family reunification is a fundamental right for many, but when it comes to bringing parents or other close relatives to Germany, the process can be complex, particularly in cases of exceptional hardship. Section 36 of the German Residence Act (AufenthG) offers a pathway for family members to join their loved ones in Germany under specific circumstances. In this blog, we will explore the requirements and application process to ensure a successful family reunification under § 36 AufenthG.

What Does § 36 AufenthG Entail?

Section 36 of the Residence Act is designed to facilitate family reunification for parents and other close relatives of foreign nationals residing in Germany. This provision is particularly vital in situations where separation from family members would result in severe personal or health-related consequences. The section offers flexibility and relief for families facing such hardships by allowing for reunification under special conditions.

There are different subsections under § 36 AufenthG, each addressing specific categories of family members and the applicable regulations. Understanding these distinctions is crucial for a successful application.

Types of Reunification Under § 36 AufenthG

Section 36 AufenthG primarily covers the reunification of parents and other close relatives, with specific provisions for different family members:

• Reunification of Parents (§ 36 (1) and (3) AufenthG): Parents of a minor foreign national may be granted a residence permit if no other parent with custody rights is residing in Germany. This provision is essential when both parents are not present in Germany, providing the possibility of reunification under strict conditions.
• Reunification of Other Family Members (§ 36 (2) AufenthG): This includes adult children, siblings, grandparents, or other relatives who can join their family members in Germany if exceptional hardship can be demonstrated. Hardship cases typically involve situations where the family member in question requires special care or support due to illness or other serious circumstances.

Specific Cases and Examples

For instance, under § 36 (1) AufenthG, parents of children holding specific types of residence permits, such as those under § 23 (4), § 25 (1) or (2), and § 26 (3) AufenthG, may qualify for reunification. Similarly, § 36 (3) AufenthG addresses the reunification of parents of foreign nationals holding an EU Blue Card, an ICT card, or other specific residence permits issued after March 1, 2024.

A key distinction between § 36 (1) and (3) AufenthG lies in the requirement of financial self-sufficiency. While § 36 (3) AufenthG mandates securing a livelihood as a condition, § 36 (1) AufenthG may waive this requirement under certain conditions, especially if neither parent is residing in Germany.

Areas of Application

Family reunification under § 36 AufenthG is particularly aimed at humanitarian cases where family separation would lead to undue hardship. The law provides a lifeline for parents who cannot otherwise reunite with their children due to the absence of a custodial parent in Germany. Similarly, for other relatives, the focus is on exceptional hardship caused by illness, disability, or the need for care.

Application Process for Family Reunification Under § 36 AufenthG

Applying for family reunification under § 36 AufenthG requires meticulous preparation and adherence to legal requirements. Below is a step-by-step guide to help navigate the process:

1. Verify Eligibility: Ensure all conditions under § 36 AufenthG are met, including proof of family relationships and the presence of exceptional hardship if applicable.
2. Gather Necessary Documents: Prepare the required documentation, including valid passports, proof of family relationships (e.g., birth or marriage certificates), medical reports, proof of financial means, and evidence of sufficient living space in Germany.
3. Submit Your Application: Typically, applications must be submitted to the German embassy or consulate in the applicant’s country of origin. Make sure to provide all necessary documents to avoid delays.
4. Await Processing: The processing time may vary depending on the case and the authorities involved. Be prepared for a wait of several months.
5. Finalize and Prepare for Reunification: Once approved, finalize travel arrangements and prepare for the family member’s stay in Germany, including necessary registrations upon arrival.

Avoiding Common Pitfalls

To enhance your chances of success, it is crucial to avoid common mistakes that could lead to application rejection or delays:

• Ensure Complete Documentation: Incomplete submissions are one of the leading causes of delays or rejections. Double-check all required documents for accuracy and completeness.
• Provide Clear Proof of Exceptional Hardship: If your case hinges on hardship, ensure that all relevant medical or care-related evidence is comprehensive and well-documented.
• Demonstrate Financial Stability: Authorities will scrutinize financial requirements closely, so ensure that your financial situation is clearly documented and meets the necessary standards.

Why Choose Jaberi Lawyers?

Navigating the complexities of family reunification under § 36 AufenthG can be challenging. At Jaberi Lawyers, we specialize in immigration law and have extensive experience in handling family reunification cases. Our expert team is dedicated to guiding you through every step of the process, from initial consultation to successful application, ensuring that your family’s needs are met with compassion and expertise.

Whether you are dealing with the intricacies of proving exceptional hardship or need assistance with preparing your application, Jaberi Lawyers is here to help. Contact us today to discuss your case and learn how we can assist you in bringing your loved ones to Germany.

For professional and expert assistance, reach out to Jaberi Lawyers:

• Phone: +49 (0)40 413 499 87

• Email: contact@jaberilawyers.com

• Website: www.jaberilawyers.com