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Reunification - Parents of third-country nationals

Moving to a new country is a wonderful opportunity to start a new life. The biggest hardship, in my opinion, is leaving your loved ones behind, especially your elderly parents. 
Many people are asking if it is possible, as a third-country national with permanent residence in Germany, to bring their parents along to live with them.


Germany, unfortunately, does not have a retirement visa option.
New changes to the Immigration laws (from 01 March 2024) made it easier for parents of skilled workers to join them in Germany. Previously, and in some cases still valid, your parents can come to Germany on a Family reunification visa (FRV) only if they can prove hardship.

Family reunification visa

For Third-country nationals, dependent family members like spouses, children of foreign parents, and parents of a German minor can apply for a family reunification visa (FRV).
According to BAMF:
Parents or other family members (Third Country nationals)
If you are the parent or parent-in-law of a skilled worker working in Germany, you may be able to come to Germany under certain circumstances. Other family members may only come to Germany in all other cases to prevent exceptional hardship. If you are a parent or parent-in-law of skilled workers and highly qualified persons, you have the opportunity to come to Germany if your child’s or child-in-law’s residence title was first issued on or after 1 March 2024. For this to be possible, your subsistence must be ensured, including sufficient health and long-term care insurance cover, from your own financial resources.

The requirements for a family reunification visa be found on the German embassy in South Africa website. 

 Keep the following in mind:
Keep in mind you will have to commit to financing their medical, accommodation and day-to-day expenses. They might be allowed to live with you, but then you need to have enough space in your home. Medical for someone who has never contributed to the system, and who is advanced in their age, is very expensive.
It is a difficult and expensive process, and we wish you all the best in this journey. Speak to your local Ausländerbörde and see how they can assist you. The applicable law is Section 36 of the “Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory”

Section 36 of the Residence Act
Subsequent immigration of parents and other family members

(1) In derogation from section 5 (1) no. 1 and section 29 (1) no. 2, a temporary residence permit is to be issued to the parents of a minor foreigner who possesses a temporary residence permit pursuant to section 23 (4), section 25 (1) or (2) sentence 1 first alternative, a permanent settlement permit pursuant to section 26 (3) or a permanent settlement permit under section 26 (4) after being granted a temporary residence permit pursuant to section 25 (2) sentence 1 second alternative, if no parent possessing the right of care and custody is resident in the federal territory.

(2) Other family members of a foreigner may be granted a temporary residence permit for the purpose of subsequent immigration to join the foreigner if necessary in order to avoid exceptional hardship. Section 30 (3) and section 31 apply accordingly to adult family members and section 34 applies accordingly to minor family members.

(3) A temporary residence permit allowing the subsequent immigration of dependants may be granted to the parents of a foreigner who was granted an EU Blue Card, an ICT Card, a Mobile ICT Card or a residence title in accordance with sections 18a, 18b, 18c (3), 18d, 18f, 19c (1) for employment as an executive, manager, business specialist, academic, visiting academic, engineer or technician in a research team of a visiting academic or as teaching staff pursuant to section 19c (2) or (4) sentence 1 or section 21 for the first time on or after 1 March 2024; the same applies to the parents of the foreigner’s spouse, if the spouse resides permanently in the federal territory. The temporary residence permit in accordance with sentence 1 may only be granted if the requirement of section 5 (1) no. 1 is met.

Here is a link to the German website.

Financially independent

Germany does not have a retirement visa, so even if your parents are financially independent they can not go the retirement route.
Depending on their age and situation they can apply for any of the normal long stay visas.

I want to work or live in Germany

Important facts South African citizens need a visa to travel to Germany and a residence permit to stay longer than 90 days A visa allows you to enter the country, you apply for your visa at the German Embassy in South Africa. You must apply for the correct long-stay visa,

List of Long Stay Visas

Long Term visas are seen as visits longer than 90 days and will typically be for work or study visits. If your application is approved, you will receive a visa to enter Germany. Once you are in Germany you will need to apply for your residence permit at the local

Other options

It is possible to apply for a Family & Friends visit visa. The inviting person can ask in the invitation letter that the visa be valid for longer periods e.g. one or two years. This allows the person to stay in Germany for 90 days in a 180-day cycle.  It is not optimal but at least an option.
This will most likely not be granted multiple year visa if it is the first time the person visits you in Germany, also not if the person has a new Passport with no previous visas in the passport.

Friends or Family visits

Friends or Family visits Do you want to invite friends or family to come and visit you in Germany?For their trip, they will need a tourist visa, which is one of the short-stay (less than 90 days) Schengen visas.  There are two types of tourist visas. One is for general

Verpflichtungserklärung – Sponsoring someone’s visit

Verpflichtungserklärung – Sponsoring someone’s visit One of the key requirements for both short-term and long-term (National) Schengen visas is proof of financial means. If you’re inviting someone to visit you, like your parents or other family members, and they’re unable to show they can support themselves financially during their stay,

Information on the web

For more information, see the following websites:

Additional information

The following was shared with us by a member of our FB page. This is to be seen as a shared opinion and not as legal or immigration advice. You are responsible for your own legal clarifications. No liability accepted.

“Below is a summary of what my in-laws were told by an immigration lawyer here in DE. This will obviously differ from person to person as each case is assessed individually. These were the options given to them. The costs for each option are different, depending on paperwork, etc (it’s not cheap 😯). 

If anyone is interested, I would suggest they book a meeting with the attorneys (they do Zoom meetings) and get the correct information relevant to them. There is a fee for the initial consultation, but it’s well worth it. 

Option 1 – Family reunification.

  • Hardest to achieve, with a probability of around 20 to 30 percent. 
  • It is a discretionary decision, and it is not a legal right.
  • Might have to prove medical hardship that requires assistance from the family in Germany 

 

Option 2 – Retirement as a pensioner in Germany.

  • It is a discretionary decision, with a probability of around 30 percent 
  • Ties to Germany, speak German, visited Germany, property in Germany, German culture, take part in German feasts, children in Germany, German heritage, photos of visits, etc. 
  • Mostly meant for richer people. Monthly income of about € 3,000 plus other assets like shares, property, investments, etc, worth at least € 200,000.
  • Private health insurance is required at around €600 to € 1,600 per month per person, valid for one or two years, and then it can be changed to permanent after three to five years 

 

Option 3 – Culture exchange.

  • It is a discretionary decision.
  • Intense language course, about 18 hours per week at a cost of about €450 per month. You have to enrol privately.
  • Only basic health care insurance is required, not full health care, thus cheaper at around €300 per month 
  • The least amount of formal requirements, valid for one year, during which time you work on a permanent solution. Establish ties to Germany. Then apply later for a pensioner permit before the culture permit expires.
  • One can apply for this and then later for family reunification 

 

Option 4 – Work permit, including Blue card for professionals.

  • Professional job-related, chances are very slim without a job offer and due to age being past the German retirement age.
  • Opening a business in Germany is an option. Freelancing would be an option. 
  • You have to work in your field of expertise.
  • Salary must be higher than € 58,400 per year and the period of employment at least one year.
  • Have to have a firm job offer before you can apply.

 

Option 5 – Freelance work. Long process time of about 18 months.

  • Probably one of the worst options to apply for.

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