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IMMIGRATION

How foreigners will be able to bring their families to Germany under new skilled worker law

Under the new Skilled Worker Immigration Act, foreigners in Germany will not only be able to reunify with their spouses and children, but also their parents and step-parents as well.

Parents hold hands with their child in Germany.
Parents hold hands with their child in Germany. Photo: picture alliance/dpa | Peter Kneffel

On June 23rd, the German Bundestag passed one of the most wide-reaching reforms of immigration law the country has seen for several years.

With lower salary threshold for Blue Cards and a new points-based system for those with professional qualifications, the changes are designed to create smoother and less bureaucratic routes for skilled workers to relocate to Germany.

In the latest changes to the some 100-page draft law, the Interior Ministry has inserted a clause that will significantly liberalise family reunification for workers in Germany.

Previously, foreigners with certain types of residence permit could bring their spouse or registered partner to Germany, as well as their underage or dependent children.

But in a last-minute addition the sweeping immigration reforms, the coalition government has broadened this out to include foreigners’ parents and parents-in-law. These are the key changes we know about so far:

  • Parents and parents-in-law will be permitted alongside spouses and children under 18
  • Skilled workers will no longer have to prove their have sufficient space to house their family
  • The application process should be streamlined and simplified
  • For people with certain types of EU-wide residence permit, reunification permits will be expedited

The changes, although not in place yet, bring German law closer to EU immigration law, which allows reunification with parents from non-EU countries in an EU country provided they are dependent on their child for support, i.e. in cases of illness or disability. However, there is no suggestion that these conditions would be attached to a reunification application under the new German law.

Who is entitled to family reunification under German law?

Under the original Skilled Workers Immigration Act, which was passed in March 2020 by the previous coalition government, skilled workers in Germany can bring relatives to join them if they have one of the following permits:

  • An EU Blue Card, a Mobile Inter-corporate Transferee (ICT) Card, or an EU Permanent Residence Card, or
  • A German residence permit or permanent residence permit.

According to the Interior Ministry, people who want to bring their parents or parents-in-law to join them will need to have entered the country on a residence permit on or after March 1st, 2024.

READ ALSO: 8 things to know about Germany’s new skilled worker immigration law

What are the conditions for applying for family reunification?

There are some complexities and variations in the way the law treats people with different nationalities, but ultimately the main prerequisite is the same: proving you can support your relatives once they join you in Germany.

Under current law, this includes proving your salary can support you, your spouse, children and parents (if required), and that the living space you have is “sufficient” for all of these family members.

In terms of living space, the general rule of thumb is that your apartment or house should offer at least 12 square metres of living space per family member over the age of six, and 10 square metres for each family member under the age of six. This can’t include living space that is used or shared by third parties.

However, the Interior Ministry has confirmed to The Local that, in future, foreigners who want to bring their spouse or underage children to Germany will no longer be required to prove they have adequate living space. These relaxed rules will come into force when the new law is implemented.

A sign points to the Foreigners' Authority and the Public Order Office in Frankfurt am Main.

A sign points to the Foreigners’ Authority and the Public Order Office in Frankfurt am Main. Photo: picture alliance/dpa | Sebastian Gollnow

Under current rules, you should also have statutory health insurance that your family members can share.

Your spouse should have at least A1 German, and children under the age of 18 should not be married, divorced or widowed.

It’s worth noting, however, that some of these requirements may change further when the law comes into force. It’s so far unclear, for example, if parents and parents-in-law will also have to prove basic German language skills, or whether this requirement will be scrapped.

Nevertheless, the requirement to be able to support your family will remain in place.

How does the process work?

At the moment, relatives who want to apply for family reunification have to apply for a family reunification visa at their local consulate or embassy in their home country.

They will first need to fill in an application form and provide a number of documents, including their passport, a passport photo, marriage certificate and proof of language skills (if needed), a copy of their partner’s residence permit and proof of sufficient income and living space.

After a visa is issued, family members can travel to Germany and register as a resident at their local Bürgeramt.

As mentioned, the requirement to prove sufficient living space will be dispensed with in future, but it’s likely that most other aspects of the process are likely to remain the same.

READ ALSO: German Bundestag passes sweeping immigration reforms bill

In what ways will family reunification be streamlined and sped up?

It’s unclear if the process will be made easier for everyone in the future, but the latest version of the Skilled Worker Immigration Act does mention certain deadlines for issuing visas for the family members of foreigners with certain types of visas.

Specifically, people applying for an EU permit such as a Blue Card, ICT Card or Mobile ICT Card can submit an application for their family members at the same time as they submit their visa application, and both applications must be decided on at the same time.

An application form for a Schengen visa.

An application form for a Schengen visa. Photo: picture alliance / dpa | Ole Spata

In cases where the applicant previously held an EU Blue Card from another member state, and if family members will enter Germany after the Blue Card has been issued, authorities must decide on their application within 30 days – except in “exceptional circumstances”.

That would considerably speed up the process of family reunification, assuming – and this is a big assumption – that authorities can keep abreast of all the applications they receive.

READ ALSO: Germany or Austria: Where is it easier to get an EU Blue Card?

When will the new rules come into force?

Following the Bundestag’s approval for the new law on June 23rd, it will be voted on by the Bundesrat on July 7th – just before the summer recess.

If all goes to plan, it means that the bill will then be sworn into law by the President, with the bedding-in period starting in the autumn or winter of 2023. A spokesperson for the Interior Ministry has confirmed that the law should then enter into force in March 2024.

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For members

GERMAN CITIZENSHIP

The changes to Germany’s immigration and citizenship rules in June 2024

With sweeping reforms to immigration and citizenship laws coming into force in June, we round up key points you need to know about.

The changes to Germany's immigration and citizenship rules in June 2024

Immigration law changes – Opportunity Card arrives

2024 is a major year for immigration law changes in Germany. 

In November 2023, the government brought in the first phase of its new skilled worker law, with lower salary thresholds for Blue Card applicants and more flexibility for skilled workers to work in a range of professions.

In March 2024, Germany brought in more big changes to immigration rules, including quicker routes to permanent residence, amendments to make it easier for healthcare workers from outside the EU to move to Germany and relaxed family reunification rules. This was a controversial move because the new family rules only apply to workers coming to Germany after March and not those already here. 

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

In June 2024, another big change is coming. Germany is launching the ‘opportunity card’ visa, known as the Chancenkarte. 

This is a ‘jobseekers’ visa’ allowing eligible skilled workers from outside the EU to move to Germany for up to a year to look for a job. They are also able to work up to 20 hours a week while they do so. 

READ ALSO: How Germany’s opportunity card will allow easier entries for foreign workers from June

The general idea is that people must have completed at least two years of vocational training, or have a university degree from their country of origin relevant to the vocation, as well as language skills in German or English. 

Applicants whose qualifications aren’t officially recognised in Germany can still apply for the opportunity card if they achieve at least six points, which are granted for things like language skills, connections to Germany, professional experience and age. 

Potential applicants can find out more information and apply for the Opportunity Card at the German Consulate in their origin country, or at an immigration office (Ausländerbehörde) in Germany.

Those interested can also do a quick check to see if they qualify on this website.

A flight near Frankfurt airport.

A flight near Frankfurt airport. People looking to come to Germany can apply for the Chancenkarte. Photo: picture alliance/dpa | Boris Roessler

Extension of West Balkans regulation

Another big change in June applies to the so-called West Balkans regulation. Under a clause that was meant to expire in 2023, people from the West Balkan countries of Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia are able to enter the German job market in any non-regulated profession.

In June, this will be extended indefinitely, with a quota of 50,000 employment visas per year.

Germany’s new citizenship law comes into force – June 27th

The modernisation of German citizenship law enters into force on June 27th – a moment foreign residents in Germany have been waiting years for.

Here are the key points you need to know at a glance:

Required residency period reduced

The amount of time you need to have lived in Germany to apply for the standard route to naturalisation in Germany will be reduced from eight years to five years under the law change.

In case of special integration achievements and proof of fluent German (C1 level), applicants can choose the fast-track option to German citizenship which will require just three years of legal residence in Germany. The fast-track option is currently six years and requires B2 level German skills.

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

Language skills and citizenship tests

Having B1 level German remains the requirement for citizenship through the standard route. As previously mentioned, a level of C1 German will be needed for the fast-track route.

Another change under the new law is that applicants who came to former West Germany from the so-called ‘guest worker generation’ and contract workers who came to former East Germany will not have to take a language test to naturalise as German. The same is true for certain hardship cases, such as having a disability or age. 

READ ALSO: How good does your German have to be for the different paths to citizenship?

For those affected, no specific language requirement exists – but applicants must be able to communicate sufficiently with their case workers, unaided by a translator.

In general, doing a German citizenship test will still be required under the new rules — but certain people in the carve-out situations mentioned above are exempt from taking it. 

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

A German dictionary. Shelley has learned a new language in her time in Germany.

A German dictionary. Photo: picture alliance/dpa | Oliver Berg

Dual citizenship allowed for all 

A headline change under the reforms is that people won’t have to give up their passport to become German. Dual or multiple nationalities will be allowed for all. Previously, only EU nationals were allowed to hold more than one citizenship when becoming German, or under certain exceptions. 

However, it’s worth noting that the rules of people’s origin country will need to be taken into account. For instance, if your home country does not allow people to hold dual nationalities, you may need to give up your passport. One example of this is Indian law, which does not allow for dual or multiple citizenships. 

Similarly, German citizens who live abroad won’t have to give up their German nationality if they want to naturalise in the country they live in — provided their new home allows it. 

Financial requirements 

The principle from the current law remains — anyone who wants to naturalise in German must be able to support themselves.

However, there are no clear rules on how much money someone needs to have or earn. This is assessed on a case-by-case basis and depends on several factors – for example – if you have dependents such as children or a spouse.

Having to rely too much on the welfare state will be an obstacle to getting citizenship, although it depends on the type of benefit and people’s individual situation. 

READ ALSO: How much do you need to earn to qualify for German citizenship?

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