Bringing Parents Over: A Refresher on Family Reunification for Naturalized Refugees in Germany
A refugee who has become a citizen through naturalization can travel to retrieve his biological parents.
Are you a former refugee who's excitedly embraced German citizenship, but still longing for your beloved parents? Let's dig into the nitty-gritty of family reunification rules for naturalized refugees in Germany!
Here's the crux of the situation: According to a recent ruling by the Higher Administrative Court (OVG) in Berlin, the EU Family Reunification Directive fails to apply to German citizens who've been naturalized, including former minor refugees like yourself. So, if you've been naturalized in Germany, your parents might not have a claim to family reunification, as it was ruled out in a recent court announcement.
The circumstances arose in 2015 when a man came to Germany as an unaccompanied minor and was recognized as a refugee. His family filed a lawsuit after he acquired German citizenship through naturalization in 2022. The Foreign Office turned down their visa application for family reunification since 2017, citing the cessation of his refugee status with the naturalization. A lower court initially ordered the Federal Republic to grant the visas, arguing that the practical effectiveness of EU law requires an existing claim to family reunification to persist even after naturalization.
However, the defendant eventually appealed and won before the OVG. The court held that the European Family Reunification Directive is no longer applicable once an individual obtains German (and EU) citizenship. That means the case law of the European Court of Justice which enables reunification even after majority, when the individual was a minor at the time of asylum application, doesn't apply to you any longer, according to the OVG.
Although the EU directive doesn't extend a helping hand, you've still got some legal elbowroom. Germany strongly protects the rights to family life under the European Convention on Human Rights and Basic Law. But remember, it's a last resort if there's no alternative for family life in another country.
As the situation evolves, stay updated on the country's migration laws, especially any potential restrictions on family reunification for refugees with subsidiary protection status.
The recent ruling by the Higher Administrative Court in Berlin concludes that the EU Family Reunification Directive does not apply to German citizens who've been naturalized, including former minor refugees like yourself. However, though the EU directive may not support your case, you still have rights to family life under the European Convention on Human Rights and Basic Law in Germany.
While navigating migration politics, it's crucial to pay close attention to general-news regarding any updates or potential restrictions on family reunification for refugees with subsidiary protection status within the German community policy.
