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Hardship Family Admission for a Beneficiary of Subsidiary Protection

GermanyFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in Germany Read the five questions ↓

Which family relationships qualify?

Under section 36a the relatives are the spouse or minor unmarried child of a beneficiary of subsidiary protection, and the parents of a minor beneficiary if no parent with custody is in Germany. This reunification is suspended until 23 July 2027; hardship admission under sections 22 and 23 is unaffected.

See recorded sources
Limits of the record
  • The hardship route (§22) does not itself list qualifying relatives; §36a relatives given for orientation.
  • https://www.gesetze-im-internet.de/aufenthg_2004/BJNR195010004.html
    (1) Dem Ehegatten oder dem minderjährigen ledigen Kind eines Ausländers, der eine Aufenthaltserlaubnis nach § 25 Absatz 2 Satz 2 besitzt, kann aus humanitären Gründen eine Aufenthaltserlaubnis erteilt werden. Gleiches gilt für die Eltern eines minderjährigen Ausländers, der eine Aufenthaltserlaubnis nach § 25 Absatz 2 Satz 2 besitzt, wenn sich kein personensorgeberechtigter Elternteil im Bundesgebiet aufhält;
  • https://www.gesetze-im-internet.de/aufenthg_2004/BJNR195010004.html
    (14) Bis zum Ablauf des 23. Juli 2027 wird ein Familiennachzug nach § 36a zu einer Person, der eine Aufenthaltserlaubnis nach § 25 Absatz 2 Satz 1 zweite Alternative erteilt worden ist, nicht gewährt. Die §§ 22 und 23 bleiben unberührt.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

A person with subsidiary protection status. Under the Act on the Suspension of Family Reunification with Beneficiaries of Subsidiary Protection, in force since 24 July 2025, no family reunification is granted to them before 24 July 2027, but hardship cases can still be claimed under sections 22 and 23, especially for reasons of international law or urgent humanitarian grounds.

See recorded sources
  • https://www.auswaertiges-amt.de/en/2727952-2727952
    The Act on the Suspension of Family Reunification with Beneficiaries of Subsidiary Protection ( Gesetz zur Aussetzung des Familiennachzugs zu subsidiär Schutzberechtigten ) entered into force on 24 July 2025. Following the entry into force of this law, no family reunification with persons with subsidiary protection status will be granted before 24 July 2027.
  • https://www.auswaertiges-amt.de/en/2727952-2727952
    The new legal situation does not affect sections 22 and 23 of the Residence Act (
  • https://www.auswaertiges-amt.de/en/2727952-2727952
    It will still be possible to claim cases of hardship pursuant to these provisions, which contain exceptions to the general rules. Particularly relevant are reasons of international law and urgent humanitarian grounds within the meaning of section 22 sentence 1 of the Residence Act, which relate above all to the circumstances of each individual case.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The checked official sources did not provide enough route-specific evidence to confirm the evidence needed to prove the family relationship.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The checked official sources did not provide enough route-specific evidence to confirm the financial, accommodation, insurance or maintenance requirements.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

Hardship cases are reported by email to IOM's Family Assistance Programme (since 26 July 2025); IOM forwards to the Federal Office of Administration for preliminary review and then to the competent mission, which decides and informs the person. If hardship is found, the mission arranges a priority visa appointment; if not, a written rejection follows, a visa application can still be filed, and a visa refusal can be appealed at the Berlin Administrative Court within one month of service. A review before the end of the suspension will consider extending it. The official source does not state the rights or duration of the resulting residence permit.

See recorded sources
Limits of the record
  • Rights and duration of the resulting residence permit are not stated in the cited sources.
  • https://www.auswaertiges-amt.de/en/2727952-2727952
    The International Organization for Migration (IOM) provides support for processing cases of hardship as part of its Family Assistance Programme (FAP), which has been operating successfully for many years. From 26 July 2025, cases of hardship must be reported by email to
  • https://www.auswaertiges-amt.de/en/2727952-2727952
    IOM will forward the report of the case of hardship to the Federal Office of Administration for preliminary inspection and thereafter to the competent mission abroad for review and for a decision on it to be made. The mission abroad will inform the person who reported the case of hardship of the outcome of its review. If the report shows that a case of hardship exists, the mission abroad will contact the person concerned to arrange a priority appointment to apply for a visa.
  • https://www.auswaertiges-amt.de/en/2727952-2727952
    If the report has not shown that a case of hardship exists, the person concerned will receive a written notification that the claim has been rejected. If the person does not agree with the decision, they are free to submit a visa application nonetheless. If a visa application is rejected, the rejection notice contains official information regarding legal remedies, including details on the form of remedy (filing an appeal), where this should be done (Berlin Administrative Court) and the deadline (one month from the date on which the notice is served).
  • https://www.auswaertiges-amt.de/en/2727952-2727952
    A review will be conducted in good time before the end of the suspension period to consider whether it can and should be extended.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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