Bringing Parents to Germany: The Case of Naturalized Refugees
Can a Refugee, who has undergone naturalization, proceed to bring over his biological parents?
In a surprising turn of events, the Higher Administrative Court (OVG) Berlin-Brandenburg has ruled that a former refugee, who is now a German citizen, cannot bring their parents to the country through family reunification, overturning a previous decision by an administrative court.
The case revolves around the family of a man who arrived in Germany as an unaccompanied minor in 2015 and received refugee status. They initially filed a lawsuit in 2017 to reunite with the man, who acquired German citizenship in 2022. Despite the family's application, the Foreign Office denied the visa, stating that once the individual became a naturalized German citizen, their refugee status was no longer applicable.
The family, however, challenged this decision in court, with the administrative court initially ordering the federal government to issue the visas, citing the practical effectiveness of European Union law and the right to family reunification not being lost with naturalization. The government, in turn, appealed the decision.
In the latest ruling, the OVG sided with the government, stating that the European family reunification directive no longer applies with the acquisition of German (and EU) citizenship, disregarding the precedent set by the Court of Justice of the European Union regarding reunification even after the age of majority. The OVG further indicated that they did not consider it possible to transfer these principles to the case of reunification with a (now) German citizen.
The family now has the option to appeal the decision to the Federal Administrative Court.
In the broader context, while naturalized former minor refugees in Germany may apply for family reunification, the eligibility criteria and process may differ significantly for parents, compared to spouses and children. Parents may be eligible under exceptional circumstances such as dependency or humanitarian grounds, and the application process will typically involve proving family relationship, financial resources, and adequate housing, while the parents must also possess valid passports and potentially health insurance.
The situation remains fluid as discussions and proposals concerning family reunification, particularly for refugees without asylum status, continue to shape the landscape. Aspiring applicants should confirm their eligibility, gather necessary documents, and follow the relevant application process through the German embassy or consulate. The processing time for applications can vary, influenced by factors such as the nationality of the applicants and the workload of the embassy or consulate.
[Migration][Refugees][Refugee Policy][Courts][Judgments][Family Reunification][Foreign Office][Berlin][EU]
- The ruling by the Higher Administrative Court Berlin-Brandenburg has brought into question the employment of the European family reunification directive for parents of naturalized refugees, as it no longer applies once German citizenship is acquired, contrary to the Court of Justice of the European Union's precedent.
- As the policy-and-legislation surrounding family reunification for parents of naturalized former refugees in Germany differs significantly from that for spouses and children, those pursuing reunification must navigate through various eligibility criteria, including proving family relationship, financial resources, and adequate housing, while also adhering to the relevant application process and potentially incorporating exceptional circumstances, such as dependency or humanitarian grounds.
