SHARE
COPY LINK
For members

IMMIGRATION

INTERVIEW: ‘Germany’s family reunion rules should be non-discriminatory’

Germany's new skilled immigration law will allow future skilled migrants to bring their parents over to join them. But existing residents won't get the same chance. The Local reader Bhavesh Uppal says the rules should be the same for everyone.

Bhavesh Uppal and his wife in Germany.
Bhavesh Uppal and his wife in Germany. Photo courtesy of Bhavesh Uppal

Germany has been overhauling its immigration rules in a bid to ease the worker shortage.

Under the new law, skilled workers who are issued a visa from March 1st 2024 will be given special privileges when it comes to moving their loved ones closer to them. 

They will be able to bring their parents and in-laws to Germany, rather than just their spouses and dependent children.

Skilled workers who are already in the country, however, won’t be able to take advantage of the new legislation. 

It has led to many people feeling disappointed. 

READ ALSO: Why is Germany only easing family reunification rules for future skilled workers?

Bhavesh Uppal, 32, moved to Germany around eight years ago from Mumbai in India to do a Master’s degree. He has since got a job as a project manager and his wife joined him in Berlin. They now have a daughter who was born in Germany. 

Although Bhavesh said the immigration changes in general are “a good step”, the double standard on family rules seems more like a “political compromise”. 

“The major issue with the law that I see is it’s not uniform,” he told the Germany in Focus podcast recently. 

“I think one of the important things for a law to stand its ground is that it should be uniform, it should be non-discriminatory.

“And to a certain sense, the new provision, which just allows skilled workers who obtain a permit from March 1st 2024 onwards, to bring their extended families, which is parents or in-laws. I don’t personally see it as a law, I think it’s probably a political compromise.”

Bhavesh said for people who are already in Germany the situation is “unfair” and “disappointing”.

PODCAST: Germany’s ‘unfair’ family reunification rules and weirdest German taxes

A person at an airport

Future skilled immigrants to Germany will see more relaxed family reunification rules. Photo: Oleksandr P/Pexels

‘My mother is all alone’

When the details of the law were first unannounced, Bhavesh had high hopes that he would be able to bring a parent over to live with him. 

His father died in April unexpectedly, leaving his mother alone in Mumbai. Bhavesh’s brother and his family also live and work in Germany.

“It has been a very difficult situation, very stressful,” Bhavesh said. “My mother is all alone.”

“When we saw the new law, I think we were quite hopeful at the beginning, but there was a lot of confusion.

“I think later on, it really broke our hearts.”

READ ALSO: How Germany’s immigration rules are changing this November

Bhavesh wrote to members of parliament to see if there was any way that he could bring his mother to Germany for a longer period to be with family, but he has not yet found a solution. 

The family is now considering leaving Germany. 

“To support my mother for our family is the topmost priority – and this may definitely lead us to leaving,” he said. 

Bhavesh said the German government should be thinking not only about bringing in new talent but retaining skilled workers who are boosting the economy and workforce. 

He urged politicians to make the new rules the same for everyone.

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria.

Two Blue Cards for foreign skilled workers are on a table at the Federal Office for Migration and Refugees in Bavaria. Photo: picture alliance/dpa | Daniel Karmann

At the moment German law states that parents are only allowed to join their children in Germany in exceptional ‘hardship cases’, meaning that a situation when one parent has passed away and the other wants to be close to their family is generally not a valid case.

Bhavesh said: “It is time that Germany looks at redefining such conditions. There needs to be consideration where there are financial and emotional hardships.

“Cases where there is only one dependent parent who need financial and emotional support of their families to have a positive outlook at life. After the demise of the spouse, the partner is under emotional turmoil and this needs to be considered as strong grounds to allow reunification of families. This would go a long way in making Germany a preferred destination.”

He also urged Germany to introduce longer-term visas for family members. 

“Currently, there’s only Schengen visit visa provision which just allows for three months, which is too short of a time even now for a situation for like us,” he said.

“I think this needs to be increased, especially for for people who have a residence permit and who have been working, to allow for a long term visit visa for the family.

“I think this is done in Canada, in Australia, in the USA as well,” he said. 

Bhavesh argued that a one or two year visa would give affected families breathing space. 

“Right now there is no breather,” he said. “I’m living basically in two worlds at the same time.”

Misbah Khan, a member of parliament for the Greens, told The Local the that new Immigration Act was “facilitating access to the German labour market for many people”.

However, she said comprises had to be made.

“In addition to many improvements, such as the EU Blue Card or the elimination of the need for specific qualifications for certain professions, we also had to make compromises.

“We are aware of the challenges associated with family reunion rules. We will continue to fight for the best solution for all expats.”

Member comments

  1. I completely agree with Bhavesh. The predicament is the same for me being the only son of parents who are fast aging. Germany needs to understand the cultural differences between the 2 countries, In India children, especially sons are expected to take care of parents by living with them – this is not an issue in Germany where we see old people living alone with no social pressure on the children.

Log in here to leave a comment.
Become a Member to leave a comment.
For members

GERMAN CITIZENSHIP

How much do you need to earn to qualify for citizenship in Germany?

Applicants for German citizenship need to be able to support themselves financially, but it's often unclear what that means in practice. Here's how to work out if your income is high enough for citizenship.

How much do you need to earn to qualify for citizenship in Germany?

Out of the requirements for qualifying for a German passport, supporting yourself financially is one of the most important – and one of the most confusing.

Many foreigners assume that the authorities have a magic number in mind and will often worry about whether their income is above or below this threshold.

In reality, though, the law is much more flexible. In section 10 of the nationality law, it states that applicants must show that they “can support themselves and their dependent family members without claiming benefits under the Second or Twelfth Book of the Social Code.”

In other words, that your income is healthy enough to not rely on the state for things like long-term unemployment benefits.

According to Fabian Graske, an immigration lawyer at Migrando, around €1,500 gross per month for a single person is usually considered enough to live on. 

That said, there isn’t really a one-size-fits-all approach to this quesiton. 

When it comes to working out if your income is high enough, you’ll need to take into account a number of factors that your case worker at the naturalisation office will also weigh up. 

That’s why it’s important to ask yourself a number of questions that go beyond just how much you earn: 

How high are your living costs? 

In Germany, there are huge regional differences in the cost of living, so what someone can afford to live on varies hugely from place to place.

For example, someone living in pricey Munich is likely to need much more money for rent or their mortgage than a resident of much more affordable places like Halle or Leipzig, so you should consider whether what you earn is enough to offer a basic standard of living in the city or town you live in. 

READ ALSO: Requirements, costs and permits – 6 essential articles for German citizenship

It is worth mentioning, though, that what you actually pay for rent and bills matters more than the averages. If you’re lucky enough to find an apartment with unusually low rent in Berlin, for instance, you can probably get away with earning less money as well. 

Are you single or do you have a family?

If you’re single and have no children, you’ll likely get a lot more lenience from the authorities when it comes to having a lower-than-average income.

A family sit at a lake.

A family sit at a lake in Bavaria. Image by Eva Mospanova from Pixabay

Of course, if you have dependents such as kids or a spouse who doesn’t work (or both), you’ll need to ensure not only that your own living costs are taken care of, but also that your family can survive on your income alone.

That naturally means you’ll be expected to earn a certain amount more for each dependent child or adult.

On the plus side, any income your spouse does earn will be counted alongside your own, so if you’re the one who is supported by their partner, the authorities will also take this into account. 

Is your job stable or unstable?

One key thing to think about when applying for citizenship is the security of your work contract. Someone who has a long-term contract with an employer and has passed their probationary period will be in a much better position than someone who is still on a three-month trial, for example.

This doesn’t mean you shouldn’t submit a citizenship application after just starting a new job, but be aware that the authorities may well wait to process your application until you’ve passed the initial probation and have been put onto a longer-term contract. 

A similar rule of thumb applies to people who are currently claiming Arbeitslosengeld I (ALG I), or unemployment insurance. Though this doesn’t disqualify you from citizenship, it may delay your application until you can find a stable job. 

READ ALSO: Can I still get German citizenship after claiming benefits?

Do you need to rely on welfare payments to get by?

A key aspect of German naturalisation law is working out whether you’re likely to be a financial burden on the state by relying too much on the welfare system.

The entrance to the Jobcenter in Düsseldorf,

The entrance to the Jobcenter in Düsseldorf, North Rhine-Westphalia. Photo: picture alliance/dpa | Oliver Berg

While everyone needs a helping hand from time to time, claiming benefits like long-term unemployment benefit (Bürgergeld) or housing benefit (Wohngeld) to top up your income sadly shuts you out of the naturalisation process and could also make it hard for you to qualify in the future. 

Luckily, this doesn’t apply to all types of state support – Kindergeld, ALG I and Bafög don’t count, for example – so seek advice from a lawyer or your local citizenship office if you’re unsure.

How old are you?

Though this is hard to fully quantify, age can sometimes play a role in assessments of your financial fitness in Germany.

A young person fresh out of university or vocational college may be seen as someone with high earning potential over the years, so in some cases the authorities may take a more relaxed approach to their current income.

In contrast, an older person coming to the end of their working life could be held to slightly stricter standards. 

This is also why it can be important to show that you have sufficient pension contributions or another form of security for the future, such as owning your own home or having lots of savings. 

READ ALSO: How can over 60s get German citizenship under the new nationality law?

What counts as ‘income’ under German law?

It’s important to note that income doesn’t just have to mean the salary you get at your job: income from rental properties, side hustles and freelance gigs can also be included, as well as things like alimony payments after divorce.

Once again, if you’re unsure, just ask. The citizenship offices are there to advise you and should give you clear instructions about what kind of documents count as proof of income in your application. 

SHOW COMMENTS