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.
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