Holders of Subsidiary Protection in Germany: Can They Keep Their Right to Family Reunification?

Migrants with “subsidiary protection” status in Germany are now one step away from officially losing the right to reunite with their families—after years of waiting and holding on to what many describe as “false hope.”

On June 28, 2025, the Bundestag (German Parliament) passed a draft law to suspend family reunification for migrants who do not qualify for full refugee status.

Family Reunification Suspended

Germany's Bundestag approved a controversial bill on June 28, 2025, to suspend family reunification rights for migrants under “subsidiary protection” for at least two years. The draft passed with a significant majority—444 votes in favor to 135 against—with far-right parties pledging support.

The bill halts reunification for those currently allowed to bring only 1,000 family members per month, specifically targeting migrants who don’t qualify for full refugee status but are permitted to stay because they face torture or execution in their home countries.

“While Germany remains open to the world, the resilience of our social systems has its limits,” Interior Minister Alexander Dobrindt told lawmakers. “Therefore, immigration to Germany must also have its limits.”

Dobrindt also claimed the suspension would deter irregular migration by disrupting smuggling networks that often rely on bringing in one family member first, followed by the rest.

Currently, around 388,000 people in Germany hold subsidiary protection status, most of whom are believed to be Syrian. This form of protection is granted to those who don’t meet the strict criteria for refugee status but still face serious harm if returned home.

The suspension does not apply to recognized refugees under the 1951 Geneva Convention. Germany hosts the largest Syrian diaspora in Europe, after admitting around a million Syrians since the 2011 uprising.

For the bill to become law, it still requires approval from the Bundesrat (the upper house representing federal states), which is expected to vote in July 2025.

While the measure marks a severe blow to many families, it also fulfills a key campaign promise by the conservative bloc to curb migration and ease pressure on integration systems. Migration was a dominant issue in the February 2025 federal elections, where the far-right Alternative for Germany (AfD) finished second—its best result to date—largely driven by anti-immigration rhetoric.

Germany had already suspended family reunification in 2016 during the peak of the refugee influx due to inadequate local reception capacities.

Chancellor Friedrich Merz, leader of the Christian Democratic Union (CDU), has made migration control a top priority, even backing controversial asylum rejections at Germany’s borders.

In a May 29 interview with ZDF, Merz suggested that Syrians under subsidiary protection could begin returning home to assist in reconstruction, claiming that security conditions had improved in many parts of Syria.

Still, he emphasized that asylum remains available in Germany for those who genuinely qualify.

Despite reservations, the ruling Social Democratic Party (SPD) eventually supported the bill as part of a political compromise. Federal Government Commissioner for Migration, Refugees, and Integration Natalie Pawlik acknowledged discomfort within her party, stating, “Integration works better when families are together.” Nevertheless, she said the SPD backed the law because it exempts humanitarian hardship cases and has a two-year limit.

This is the first migration-related legislation passed since Merz took office on May 6, 2025. His government has pledged a tougher migration stance in response to growing public pressure.

The far-right AfD described the bill as “a small step in the right direction.” Bernd Baumann, head of the Alternative for Germany parliamentary group, stated that Interior Minister Alexander Dobrindt has adopted their party’s ideas.

A Flicker of Legal Hope

Germany’s decision on May 28, 2025, to suspend family reunification rights for migrants holding “subsidiary protection” for two years has upended the lives of thousands. Just as many had begun to hope for reunification after years of waiting, the new law has shattered dreams of living together again as families. Uncertainty and distress once more loom over those affected.

Still, observers note that the German government has left a narrow but legally viable path open—albeit with strict conditions—for subsidiary protection holders who wish to preserve their right to reunite with their families.

Speaking to Al-Estiklal, legal and administrative advisor in Germany, Azzam Badawi, said the Bundesrat (Federal council) has a three-week window to object to the outcome of the Bundestag vote.

“An objection requires at least 35 votes out of 69,” he said, “each federal state holds between three and six votes, depending on its population size.”

“If the Bundesrat objects, the bill is referred to a joint committee between the Bundestag and the Bundesrat,” Badawi added. “It would then return to the Bundestag for a second vote, where it would require an absolute majority to pass.”

Badawi clarified that individuals with subsidiary protection can still preserve their family reunification rights if they are able to change their residence status—by obtaining permanent residency, a work permit, or German citizenship.

“These are the available legal options,” he said, “and while they are not easy, they remain the legal path forward for continuing family reunification.”

He emphasized that learning the German language, validating academic degrees from Syria (such as high school diplomas or vocational institute certificates), and becoming financially independent from government aid are all crucial steps in this process.

Badawi also pointed out that Germany has amended its residency laws to attract skilled labor in various sectors—especially in states experiencing public service staffing shortages.

Despite the Bundestag's approval of the bill, Badawi noted that if the German embassy had already contacted a family to submit passports for visa issuance, the law would not retroactively apply to them—meaning their reunification would still proceed.

Analysts also observe that the government's election platform included a clear commitment to tightening asylum policies, including family reunification. The German embassy had already begun limiting reunification cases years before this legislation, signaling that the authorities had been gradually preparing to halt family reunification for subsidiary protection holders.

Push to Leave

Observers confirm that the previous state of relative comfort once available in Germany is no longer the case; some federal states now require a minimum level of German language proficiency during interviews for family reunification applications by holders of subsidiary protection, and poor language skills negatively affect the refugee’s case.

In response, refugees have voiced their opposition to the new German government plan. On June 26, 2025, dozens gathered in front of the Bundestag to protest the law suspending family reunification.

Ahmad Shikh Ali fled to Germany from Aleppo two-and-a-half years ago, and his family, still stuck in Turkiye, had only two cases ahead of them in the reunification queue to be processed and granted a visa to Germany before this law was introduced.

“Since I learned of this decision, I can't sleep, I can't get on with my life,” Shikh Ali told Reuters, breaking into tears in front of the German parliament on Thursday where he gathered with dozens of other refugees protesting the law.

“My son was crawling when I left him, he is walking now,” he said, holding a blurry photo of his 3-year-old son.

Clara Bunger, spokesperson for refugee affairs for the Left Party (Die Linke), says the ruling coalition is pursuing a “hostile deterrence policy.”

Marcel Emmerich, Green Party spokesperson for domestic policy, criticized the suspension of family reunification as “harsh.” On June 27, 2025, he stated, “Without their families, refugees often lack the emotional support necessary for successful integration.”

Tarek Alaows, refugee policy spokesperson for the pro-immigration group Pro Asyl, said the group is reviewing the constitutionality of the law and will support legal actions by affected individuals if rights violations are found.

Many holders of subsidiary protection in Germany see the suspension of family reunification as a legal means to pressure them to leave Germany.

On June 28, 2028, the United Nations warned against forcing Syrian refugees to return to their country, citing the new Syrian government’s lack of experience and the fragility of the current situation.

UN High Commissioner for Refugees Filippo Grandi told the Frankfurter Allgemeine Zeitung that almost no Syrians have voluntarily returned from Europe because conditions there are better.

He said Syrian refugees should not be pressured to return because this creates new problems, emphasizing that improving the situation inside Syria should come first.

Saria al-Ahmad, a Syrian who has held subsidiary protection in Germany since 2022, said, “It’s clear Berlin wants to reduce the number of subsidiary protection holders seeking family reunification.”

“Berlin aims to push unmarried holders into the workforce and discourage marriage and family reunification before securing a work contract and changing their residence status to work permits,” he told Al-Estiklal.

“Changing subsidiary protection to a work residence in Germany requires experience or a university degree, as well as B1-level German proficiency and an integration certificate.”

This entails working at least one year at a company before receiving a permanent contract, which then allows for covering family living expenses to achieve reunification.

Employment itself requires some conditions, primarily obtaining a level A1 German language certificate.

The refugee protection group Pro Asyl considers the Bundestag-approved suspension of family reunification to be legally questionable.

In a statement to the German Press Network (RND) on June 28, 2025, Pro Asyl’s executive director Karl Kopp indicated that the organization was reviewing the legality of the new law and would support legal action against it. 

He condemned the retroactive suspension of family reunification for those who had fled to Germany believing they could eventually reunite with their loved ones, calling the measure inhumane and deeply damaging.