German plan to stop family reunification for holders of subsidiary protection
In a controversial move, the new German government, which includes the CDU, CSU, and SPD parties, plans to suspend family reunification for refugees with subsidiary protection for two years, a plan that will significantly affect refugees coming from Syria.
Mohammed, a Syrian refugee living in Germany with his nine-year-old son who suffers from severe brain atrophy, may not be able to reunite with his wife and daughters. He says, "I didn't know it would be this complicated. We men are not used to raising children alone."
Mohammed is one of more than 351,000 people in Germany who hold subsidiary protection status. This category does not meet the criteria for refugee status under the Geneva Convention, but is at risk of serious harm in their home country, such as execution, torture, or inhumane treatment, especially in cases of armed conflict.
Since 2024, those granted this type of protection will receive a residence permit for three years, and they can work and receive social assistance. However, unlike recognized refugees, they do not automatically have the right to bring their spouses and minor children. German Interior Minister Alexander Dobrindt stated that the government must make a "political change" in immigration policy, emphasizing that the state's capacity for absorption has reached its limits. He stressed the need for measures to reduce the number of arrivals, referring to restrictions on family reunification.
The issue of family reunification has been a topic of political debate for years in Germany. In 2015, relatives of those granted subsidiary protection were allowed to join them, but the decision was suspended after just one year. Since 2018, this has been allowed again, but under strict conditions that do not permit the issuance of more than 1,000 visas per month, with long waiting periods and complex bureaucratic procedures.
Human rights organizations, such as Pro Asyl, believe that family separation causes severe psychological stress, negatively affecting the integration of refugees and pushing some to resort to illegal and dangerous methods to bring their relatives.
Legally, the situation remains complex, as the EU directives on family reunification do not cover those with subsidiary protection, but the German constitution and the European Convention on Human Rights guarantee the protection of family life. Nevertheless, the German Constitutional Court and the European Court of Human Rights have established an important exception: if there is a possibility for family life in another country, especially the country of origin, there is no automatic right to family reunification within Germany.
Obtaining a visa for the family of a person with subsidiary protection can take from six months to over two years. Thomas Gross, a professor of European and German law, says: "It's not simply a matter of going to the embassy and traveling the next day. Sometimes a DNA test is required, or the embassy is in a neighboring country, making it almost impossible."