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Other Family Member — Exceptional Hardship

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

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Which family relationships qualify?

Other family members (beyond spouses, partners and minor children) may receive a residence permit for family reunification only where this is necessary to avoid exceptional hardship.

See recorded sources

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

The sponsor must be a foreign national holding a settlement permit, EU long-term residence permit, residence permit, EU Blue Card, ICT Card or Mobile ICT Card (or residing lawfully under section 18e); the same hardship rule applies to other relatives of Germans.

See recorded sources

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

The official sources state that family reunification is refused where it is established that the family relationship was created solely to enable entry and residence in Germany; they do not list the documents used to prove the relationship.

See recorded sources
Limits of the record
  • Captured sources do not list the documents (e.g. birth certificates, custody papers) required to prove the relationship.
  • Captured sources do not state how exceptional hardship or dependency must be evidenced.

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

For joining a foreign national, adequate accommodation and a secure livelihood are necessary and sufficient living space must be available; the residence permit generally requires a secured livelihood.

See recorded sources
Limits of the record
  • The general conditions are stated for family reunification to foreign nationals in general; no hardship-specific financial rule was found.

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?

The decision is made case by case. For adult relatives, the spousal-reunification rules on independent residence (sections 30(3) and 31) apply by analogy; for minor relatives, the children's rules (section 34) apply. The permit may be issued at most for the validity of the sponsor's permit.

See recorded sources
Limits of the record
  • "Decided on the merits of each individual case" is stated on the BAMF page for relatives of Germans.

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

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