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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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POLITICS

Citizenship reform: How a German minister you’ve never heard of is changing the lives of foreigners

Germany's coalition government is struggling. It's flagging in polls, sports few concrete policy wins, and its foreign policy is hotly debated. A notable exception is Interior Minister Nancy Faeser - a Social Democrat who remains a little discussed figure - despite overseeing legislation that hits at the core of Germany's identity.

Citizenship reform: How a German minister you've never heard of is changing the lives of foreigners

After all, few things are as existential to a country’s identity as deciding who gets to be a national or who gets to settle there and be a part of its community.

As Germany’s Interior Minister since late 2021, Faeser has been responsible for overseeing historic legislation on both. At a time when other European countries are tightening up citizenship and immigration rules – even for skilled, well-integrated immigrants – Faeser’s German Interior Ministry is betting on more openness.

March saw sweeping immigration reforms – designed to make it easier for skilled workers to come to Germany, bring their parents if they wish, and even come before having their foreign qualifications recognised by Germany’s notorious bureaucracy.

Skilled workers also have a faster route to permanent residence in Germany – after just 21 months in some cases.

Late 2024 will also see the introduction of the points-based Chancenkarte – or “opportunity card”. A German first, people with enough points could theoretically come to Germany without a firm job offer and look for work while already here. They might even be able to come if they don’t speak German yet – if they have enough points in other areas. In a country not normally known for its flexibility, Faeser’s Interior Ministry is showing much more of it in a bid to combat the country’s skilled labour shortage.

READ ALSO: The changes to Germany’s immigration rules in March 2024

Landmark citizenship reform

Many Local readers will also be familiar with another landmark piece of legislation from Faeser’s desk – Germany’s long-awaited dual nationality reform. After having seen repeated delays due to disputes between the three governing coalition parties, the Federal President finally signed and certified the new citizenship law in late March – starting a three-month countdown for the country’s bureaucracy to adapt to the new rules.

On June 26th, German citizenship law will allow people to hold multiple nationalities when naturalising and shorten the time someone will have needed to be in Germany before applying for citizenship from eight years to five.

Many people are becoming German

American Rick Hoffmann, Aussie-Italian Joe Del Borrello and Brazilian-Canadian Dini Silviera are looking forward to applying to becoming German following passage of the government’s dual citizenship reform. Photos: Rick Hoffmann, Joe Del Borrello, Dini Silviera

It’s not been without its controversy, with the country’s Christian Democrats (CDU) remaining vocal opponents until the end. CDU MP Alexander Throm described it as a “citizenship devaluation law” that has “the most wide-reaching negative consequences for our country” during the Bundestag session that saw the law’s final passage.

During that same debate, SPD MP Dirk Wiese pointed out a historical symmetry – namely that Faeser, a Social Democrat from Hesse, was responsible for passing dual nationality legislation that a CDU Premier of Hesse has originally torpedoed 25 years ago.

READ ALSO:

Throm was right about one thing. The results of Faeser’s legislation are likely to have long-lasting, far-reaching effects. Both the new law’s supporters and detractors can at least agree on its importance.

It may well end up being one of the longest-lasting legacies of the traffic light government. Even if the CDU take the Chancellery again in 2025 – as current polls would suggest – no other possible coalition partner is likely to agree to repeal the law. Dual nationality in Germany – and with it the acceptance of multifaceted identity – is likely here to stay, even if a future CDU-led government manages to tighten up immigration or asylum law in the future.

Nancy Faeser Boris Rhein

SPD candidate and Interior Minister Nancy Faeser and CDU candidate Boris Rhein in Wiesbaden, Hesse during the election campaign. Photo: picture alliance/dpa | Boris Roessler

Faeser’s non-flashy style

Despite the weighty nature of the legislation she’s shepherded through her ministry and the Bundestag, Faeser isn’t known for grand pronouncements. She’s largely left it to others to make the public case for the dual nationality law’s importance, like parliamentary rapporteurs Hakan Demir (SPD), Filiz Polat (Green), and Stephan Thomae (FDP). She’s comfortable giving breakfast show interviews but rarely hits the evening talk show circuit.

A legislative workhorse, Faeser just seems to move on to her next task without a lot of fanfare for the one she just completed. The reason is likely equally unglamorous – she just has a lot to get done. Today immigration and citizenship reform, tomorrow proposals to tighten gun controls in Germany or issue visa bans for Russian athletes. She also found time to be her party’s top candidate in last autumn’s state election in her home state of Hesse.

Having never had a federal office before becoming Interior Minister, Faeser came from Hessian state politics, where she served as a member of the state parliament from 2003 to 2021, eventually becoming the Hessian SPD state party leader in 2019. At the time she became a minister in 2021, few Germans outside of Hesse had heard of her – never mind internationals.

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse).

Nancy Faeser smiles in November 2015 at the SPD state party conference in Kassel (Hesse). Photo: picture alliance / dpa | Uwe Zucchi

Media outlets both inside and outside of Germany keep their main focuses on politicians like Chancellor Olaf Scholz, Foreign Minister Annalena Baerbock, Vice-Chancellor Robert Habeck or Finance Minister Christian Lindner. With the controversy over Berlin’s strategy in Russia’s war against Ukraine, this is perhaps understandable.

But such a focus might sometimes miss another fundamental shift currently underway in Germany – as the country changes its approach to who gets to be a member of its national community. Nancy Faeser may well be one of the few members of the current German government to have a legacy that lasts well beyond her time in office.

Agree with her policies or not, that deserves more German and international reflection.

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