Parental Reunification (§ 36): When Is the Application Denied?

Parental Family Reunion under § 36 Residence Act – Conditions and Reasons for Rejection

When can you apply?

• When the child is a minor, unaccompanied, and residing in Germany with protection status.

• When the child is an adult, but the parents are fully dependent on him/her and have no family support in their home country.

• When there is an exceptional humanitarian situation (serious illness, no means of living in the home country, or life-threatening risks).

When is the application rejected?

1. No full dependency on the child If the parents live independently or have other children who can support them, the application is rejected.

2. Absence of an exceptional humanitarian case The law requires a very specific situation, such as:

   • severe illness not treatable in the home country

   • no caregiver or safe housing

   • direct security threat or domestic violence Without such strong reasons, the application is rejected.

3. Child in Germany unable to provide support The child must prove financial and housing capacity:

   • sufficient living space

   • health insurance

   • monthly income covering at least two persons If these are not met, the application is rejected.

4. Temporary or unstable residence of the child If the child has only temporary residence, is at risk of deportation, or lacks permanent protection or citizenship, this is a strong reason for rejection.

5. Suspicion of misuse If authorities believe the request is not genuine family reunion but indirect migration, the application is rejected for “misuse of law.”

Important supporting documents

• medical reports translated

• death/divorce certificates of other family members in the home country

• proof of income and housing of the child in Germany

• evidence that parents cannot live independently

Appeal against rejection Yes, through a specialized lawyer before the administrative court. The appeal must be supported by new evidence and humanitarian arguments, as the court reviews legality only.

Conclusion Parental family reunion under § 36 (2) is granted only in very rare cases and is often rejected if full dependency or exceptional humanitarian grounds are not clearly proven.