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Visa Questions

Subsequent Immigration for Parents

Subsequent Immigration for Parents
Answer
1/22/11 6:27 PM
The desire to unite with one’s whole family in Germany including one’s parents is not liberally supported by German law. On the contrary, inviting one’s parents to Germany on a long term basis needs the assertion of special circumstances.

Here, it even does not depend whether a German or a foreigner wants his parent to unite with him in Germany.

The subsequent immigration for parents is laid down in Section 36 AufenthG.

http://www.gesetze-im-internet.de/aufenthg_2004/__36.html

Here it states in brief terms that the dependent may be granted a residence permit for the purpose of subsequent immigration to join the offspring

"if necessary in order to avoid particular hardship."

Those special and strict circumstances often involve a fragile state of health (malady, disease, disability) and lack of any other family support back home. The granting of the visa is put into the discretion of the embassy where the application has to be filed. As there is discretion after meeting the objective hardship criteria the outcome largely also depends on the compassion and understanding of the officer dealing with the application.


contact@kanzlei-jain.de
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