Family asylum and family reunification , Date: 2019.11.14, format: Article, area: Asylum and refugee protection

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Family asylum

Family asylum applies to members of a family. What this means is that, if a "principal person entitled" has been recognised as entitled to asylum, his or her family members who are in Germany are also granted asylum on application.

The following are regarded as family members for the purposes of family asylum:

  • spouses and registered partners,
  • minor, unmarried children,
  • the parents of minor, unmarried persons for the purpose of care and custody,
  • other adults who have personal custody of minor, unmarried persons,
  • the minor, unmarried siblings of minors.

A precondition applying to spouses is for a valid marriage to have already existed in the country of origin, for the asylum application to have been filed at the same time as that of the person entitled to protection, and at the latest promptly after entry into the country, and for the entitlement to protection not to have been withdrawn or revoked.

This arrangement also applies to persons entitled to protection to whom refugee protection or subsidiary protection has been granted. Persons are excluded with regard to whom a national ban on deportation has been determined in the asylum procedure.

Keeping families together

Once the parents have filed an asylum application, their application also applies to minor-age unmarried children who are in Germany at that time. If a minor-age unmarried child subsequently enters Germany, or if a child is born here after the parents have filed an asylum application, the parents, at least one of whom must still be undergoing the asylum procedure, or the immigration authority, should inform the Federal Office of the birth. An asylum application is thus also regarded as having been filed for the child. The parents can put forward their own reasons for asylum for their child. If they do not do so, the parents' reasons apply. Here too, appeals are available should the Federal Office reject the application.

If the parents’ application has already been decided on, children who were born in Germany receive their own notice. The following applies if the application is rejected: In order to protect the child, minor children may not and will not be returned separately from their parents if the application is turned down.

Family reunification

Persons to whom entitlement to asylum or refugee status has been granted are entitled to privileged family reunification: This covers spousal as well as child reunification. The appropriate application for this must be filed with the Federal Foreign Office within three months after the entitlement to protection has been granted.

Persons entitled to subsidiary protection

Family reunification of the closest family members to join persons entitled to subsidiary protection has been possible again since 1 August 2018. This however applies to a limited contingent of 1,000 persons per month.

Humanitarian reasons are crucial

The new regulation does not include a legal right to family reunification. The competent authorities are supposed to decide on humanitarian grounds who will be granted a residence permit. These include the duration of separation, the age of the children or serious illnesses and specific hazards in the country of origin. In addition, integration-related aspects must also be taken into account as a matter of principle. Spouses, minor children and parents of minors can apply for family reunification. Siblings do not have any such rights. Family reunification will also be excluded for marriages entered during the flight process.

Exception for persons who pose a risk

The law does not grant family reunification to persons who are considered to pose a risk. Also excluded without exception are people who incite hatred against sections of the population, run a prohibited association or take part in violence in pursuit of political and religious goals.

The legal basis

Family asylum is regulated in section 26 of the Asylum Act (AsylG).

The legal basis for the children of asylum applicants born in Germany can be found in sections 14 a and 43 subsection (3), first sentence, of the Asylum Act.

Section 36 a of the Residence Act provides the legal basis for the new regulation on family reunification.

Asylum Act

Residence Act