Foreigners who have been granted subsidiary protection as their final status, and as such are not entitled to family reunification, do not have a legitimate interest in taking legal action for the additional ascertainment of meeting the preconditions for being issued a national ban on deportation, which would make it easier to meet the requirements for family reunification. This was the ruling of the Federal Administrative Court in Leipzig in its judgment from 19 April 2018 (BVerwG 1 C 29.17) in a leapfrog appeal filed by the plaintiff in December 2017, which bypassed the lower appeals court.

The Court of Justice of the EU decided on 17. April 2018 in joined cases C-316/16 and C-424/16 that it is a prerequisite of eligibility for enhanced protection against expulsion that the person concerned must have a right of permanent residence. The requirement of having ‘resided in the host Member State for the previous ten years’, which is also a prerequisite of eligibility for that enhanced protection, may be satisfied where an overall assessment of the citizen’s situation leads to the conclusion that, notwithstanding his detention, the integrative links between the citizen and the host Member State have not been broken.

I. General Information for Non-EU citizens

The legal basis for being issued a visa in order to work as an au-pair is section 18 paragraph 3 of the German Residence Act in conjunction with section 12 in the Employment Ordinance. Moreover, an au-pair must comply with the instructions in the Bundesagentur für Arbeit’s current information sheets. EU regulation 2016/801 (REST regulation) does not specify that the rules on entering and residing in the country must be implemented for working as an au-pair. For this reason, no adaptations to German national laws were made for this group of people.