Family Reunion Dilemma for Naturalized Refugees in Germany
A refugee, once naturalized, can endeavor to bring over their parents.
In an unexpected twist, the Higher Administrative Court (OVG) Berlin-Brandenburg has recently ruled that a former minor refugee, now a German citizen, cannot claim family reunification for their parents. This groundbreaking decision arises from a lawsuit filed by the family of a man who arrived in Germany as an unaccompanied minor in 2015 and was granted refugee status [1].
The man, now fully German, gained citizenship through naturalization in 2022. However, his parents' visa application for family reunification, which was filed in 2017, was rejected by the Federal Foreign Office. The reason? The refugee status of the son had expired upon naturalization.
Initially, the administrative court ordered the Federal Republic to issue the visas, deeming it essential for the practical effectiveness of EU law to preserve the existing claim to family reunification even after naturalization [1]. The Federal Foreign Office, however, appealed, and the OVG ruled in their favor. The OVG determined that with the acquisition of German citizenship and EU citizenship, the European Family Reunification Directive no longer applies. Thus, the European Court of Justice’s precedent, which generally permits family reunification after reaching majority if the asylum application was made as a minor, no longer holds [2].
"The Senate did not consider it possible to transfer these principles to the reunification with a (now) German citizen," it stated. Remarkably, the OVG decision opens the door for an appeal to the Federal Administrative Court [2].
This ruling has significant implications, especially considering the general rules on family reunification in Germany, which allow German citizens to bring family members like spouses and minor children to the country. However, unlike refugees or those with subsidiary protection status, naturalized German citizens typically do not encounter the same conditions for family reunification as their counterparts. The specific conditions for family reunification for parents are generally less applicable to naturalized German citizens compared to refugees or individuals with subsidiary protection status [3].
- Asylum Seekers
- Refugee Policy
- Courts
- Judgments
- Family Reunification
- Federal Foreign Office
- Berlin
- EU
- Naturalization
Sources:
- ntv.de
- jwu/AFP
- German Select Immigrant Services, Inc.
- Pro Asyl
- BBC News
Insights:- The specific rules for family reunification are often different for naturalized German citizens compared to refugees or individuals with subsidiary protection status.- The ruling from the Higher Administrative Court in Berlin could have far-reaching ramifications for families seeking to reunite with their naturalized children in Germany.
- The Higher Administrative Court's decision regarding family reunification for parents of a naturalized German refugee from 2015 raises questions about the applicability of European Family Reunification Directive and its impact on migration policies.
- This ruling, which overturns the general precedent that allows family reunification after reaching majority if the asylum application was made as a minor, may influence the employment policy of migrants in Germany, as the specific conditions for family reunification for parents seem to be less applicable to naturalized German citizens compared to refugees or individuals with subsidiary protection status.
