The issue of family reunification concerns many families with relatives abroad. It is particularly difficult when parents want to move to Germany to join their adult children. In its ruling of 2 April 2025 (case no. 28 K 266/23 V), the Berlin Administrative Court clarified how high the hurdles actually are in such cases - and what the new privileges for parents of skilled workers are all about. A case that is relevant for many applicants and their families.
The case: What happened?
An Indian citizen wanted a national visa to join her adult son, who is now a German citizen. The woman lives alone in India, her children and their families live in Germany. She suffers from age-related illnesses and also showed the first symptoms of dementia. The mother argued that she was dependent on family support and that there was not enough help available in India. The German consulate rejected the application - in their opinion, there were no exceptional reasons that would justify a visa.
The decision of the Berlin Administrative Court
The court confirmed the rejection of the visa application. According to the judges, there is no entitlement to family reunification because there is no "exceptional hardship" within the meaning of the Residence Act. The applicant could continue to manage her everyday life in India independently with the support of friends and occasional help. Professional care was generally possible in her country of origin. The fact that she suffers from typical old-age illnesses is also not sufficient in itself.
Furthermore, the reference to the new legal regulation for the reunification of parents of foreign skilled workers (Section 36 para. 3 AufenthG) does not help. This only applies to parents of persons who entered Germany as skilled workers for the first time from 1 March 2024 and have a specific residence title. This did not apply in the case of the applicant, neither for her son (German citizen) nor for her daughter (residence title before the cut-off date).
Why the court made this decision - and what it means legally
The decisive factor for the Berlin Administrative Court was that family reunification with adult children is generally the exception. The hurdle of "exceptional hardship" is deliberately set very high. It is not enough for there to be illnesses typical for the age of the child or for everyday life to be difficult. Only if an independent life in the country of origin is practically impossible and the necessary support has to be provided by the child in Germany is there any chance of obtaining a visa. This was not the case here.
Although the new privileged treatment for parents of certain skilled workers leads to unequal treatment compared to parents of German citizens, it is (still) justified in the opinion of the court. The legislator is allowed to provide targeted incentives for urgently needed skilled workers and also create cut-off date regulations for this purpose, as long as there is an objective reason - in this case, to combat the shortage of skilled workers.
The court also makes it clear that neither the general living situation nor the desire to spend the rest of one's life with the children are sufficient for a claim. EU directives do not offer any further rights in this case either.
What does this judgement mean for applicants and families?
Parents who wish to join a child of legal age in Germany should be aware of this: The legal hurdles are very high. Anyone wishing to apply for a visa should check carefully whether an exceptional hardship situation really exists. This usually includes serious health restrictions that make it impossible to live independently in the country of origin and the need for the child to be cared for in Germany. Medical evidence must be detailed and convincing.
A reference to the new simplifications for parents of skilled workers only helps if all requirements are actually met - in particular the correct cut-off date and the appropriate residence permit. Parents of Germans or skilled workers who have been living in Germany for some time do not benefit from this new regulation.
Anyone who receives a rejection should realistically assess the chances of success of a claim. The courts interpret the criteria very strictly. If in doubt, it makes sense to seek legal advice to avoid unnecessary costs and disappointment.
Conclusion
The judgement of the Berlin Administrative Court shows how narrow the framework is for the reunification of parents. Normal age restrictions and understandable family wishes are not sufficient for a visa. Politicians are currently focussing on targeted incentives for new skilled workers - and accepting that other families will be disadvantaged in the process. Anyone wishing to submit an application should seek advice at an early stage and document very precisely why their case is indeed exceptional.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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