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For a German Blue Card Holder, is it possible to bring an underage sibling (11 years old) for a short visit or staying with the card holder up to the validity of the Blue Card?

I have not found another instance of where this is mentioned but the PDF in this, seemingly official website suggests it's possible. Has anyone done this? If so, can one of my parents be allowed to accompany my sister to Germany and back?

All of us including my sister are not EU/EEA Nationals and hold foreign passports outside.

Excerpt:

Spouse and siblings (under 18) may join the blue card holder. They do not have to meet the requirements for the blue card. Visa for spouse and children may be issued upon issuance of a national visa to the (prospective) blue card holder, so they can travel together. Consult German diplomatic mission for details on issue dates.

Is this maybe a pure typo? They meant Spouse and Children (under 18)?

https://www.apply.eu/BlueCard/Germany/Germany.pdf

elegantcomplexity
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1 Answers1

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For a German Blue Card Holder, is it possible to bring an underage sibling (11 years old) for a short visit or staying with the card holder up to the validity of the Blue Card?

As a general rule, an underage sibling does not fall into the category of 'family' (spouse and their children).

There are exceptions to avoid exceptional hardship (§ 36 (2)) underwhich a underage sibling would qualify depending on the circumstances.

This would then have to be determined for each individual case.

A Blue Card Holder is listed in § 30 (3), which lists which residence permit types that are eligible.

§ 36 Subsequent immigration of parents and other family members
...

(2) Other family members of a foreigner may be granted a temporary residence permit for the purpose of subsequent immigration to join the foreigner if necessary in order to avoid exceptional hardship. Section 30 (3) and section 31 apply accordingly to adult family members and section 34 applies accordingly to minor family members.

§ 34 Children’s right of residence
(1) In derogation from section 5 (1) no. 1 and section 29 (1) no. 2, the temporary residence permit granted to a child is to be extended as long as a parent possessing the right of care and custody holds a temporary residence permit, permanent settlement permit or EU long-term residence permit and the child lives together with the said parent as part of a family unit, or if the child would have a right of return pursuant to section 37 if he or she left the federal territory.

(2) When a child comes of age, the temporary residence permit granted to the child becomes an independent right of residence which is unrelated to the purpose of the subsequent immigration of dependants. The same applies to the granting of a permanent settlement permit and an EU long-term residence permit or if the temporary residence permit is extended accordingly under section 37.

(3) The temporary residence permit may be extended as long as the conditions for granting the permanent settlement permit and the EU long-term residence permit have not yet been met.

Mark Johnson
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