Dispute over a four-year-old language certificate
The current case involved a married couple who have been trying to live together in Germany for years. The wife has German citizenship, the husband lives in Nigeria. He successfully passed an A1 exam at the Goethe-Institut in 2021 to obtain a family reunion visa, scoring a good 86 out of 100 points.
However, there were considerable delays in the subsequent visa process. Among other things, the embassy took more than two years to check the documents.
When four years had finally passed since the language test, the embassy explained that the certificate was now outdated and only of limited value. Language skills would "generally fade" if they were not used, the reasoning went. In order to obtain a visa to enter Germany, the authorities therefore demanded a new/updated language test.
Court decides: Can language certificate become invalid?
The couple took legal action against the demand. Initially, the Berlin Administrative Court confirmed the embassy's opinion. However, the OVG Berlin-Brandenburg later came to a different conclusion and overturned the first ruling.
The judges made it clear:
- A mere assumption that language skills are automatically lost after a few years is inadmissible.
- A language certificate does not lose its validity simply because time has passed.
- Authorities must always examine each individual case and provide concrete evidence that language skills have actually deteriorated - mere assumptions are not enough.
- Only if there are such indications may they request a new language test.
In this particular case, the authorities had no such indications - neither from conversations with the man nor from tests or observations. In addition, the court considered it positive that the applicant had passed the test with a high score. This argued against the fact that all knowledge had "faded".
Is there a legal validity period for language certificates?
A look at the law also shows this: In Germany, there is no regulation that specifies how long a language certificate - such as an A1 certificate for family reunification or a B1 certificate for Naturalization - is valid. Neither the Residence Act nor the Residence Ordinance or federal administrative regulations contain time limits according to which language certificates automatically lose their validity after a certain period of time.
The Federal Foreign Office recommends that the examination date should not be more than one year ago. However, this deadline is only an internal guideline and is not legally binding.
As a general rule, authorities must always examine each individual case - and may only question language certificates if there is concrete evidence of a lack of language skills.
Also important: For family reunification, the authorities will only accept language certificates that have been checked according to certain quality standards. These include:
- the Goethe-Institut,
- telc GmbH,
- the Austrian Language Diploma (ÖSD),
- the TestDaF Institute (from language level B2),
- ECL,
- and the German Language Diploma of the Conference of Ministers of Education and Cultural Affairs (DSD).
Family reunification in Germany: What are the requirements?
Whether family members are allowed to move to Germany and what conditions apply depends on who they want to move in with and which Residence permit this person has. The Residence Act distinguishes between two groups:
- family reunification with Germans
- family reunification with third-country nationals
Different requirements apply to both groups. These differences can be very important in the process.
Family reunification with Germans (§ 28 AufenthG)
The rules for family reunification with German citizens are generally somewhat relaxed. Nevertheless, several requirements must be met:
- The spouse must be a German citizen
- Both partners must be at least 18 years old
- The marriage or registered civil partnership must be valid
- The German partner must have their habitual residence in Germany
- Sufficient living space must be available
- A visa is required before entering the country, unless visa exemption applies
- There must be no grounds for deportation against the person joining you.
- The spouse joining you must provide proof of basic German language skills at A1 level.
In practice, the language certificate in particular is often an obstacle. Those who do not pass the A1 exam often do not receive a visa. Exceptions are possible, but rare and subject to strict conditions.
Family reunification with third-country nationals (§ 27 AufenthG)
The requirements for family reunification are stricter for people who do not have a German passport themselves, but a Residence permit - for example, skilled workers, students or persons entitled to protection. The following conditions usually apply here:
- The family's livelihood must be fully secured - without state benefits such as citizens' allowance
- Sufficient living space must be available
- In many cases, proof of language proficiency at A1 level is also required. There is an exception, for example, for highly qualified skilled workers with an EU Blue Card.
- Both spouses must be at least 18 years old
- The marriage or registered civil partnership must be valid
On the other hand, there are simplifications for family reunification with recognized refugees or persons entitled to asylum: An A1 language certificate is generally not required if the family already lived together before fleeing.
Conclusion: What the decision means for those affected
The OVG Berlin-Brandenburg decision has significance beyond the individual case. It makes it clear thatlanguage certificates do not automatically becomeinvalid just because several years have passed. It also shows that authorities must always examine individual cases and provide concrete evidence if they have doubts about language skills. Only when they have proven doubts may they demand a new/updated language test.
The OVG Berlin-Brandenburg is thus sending a clear signal for more fairness in family reunification. For many of those affected, the decision means both legal and practical relief.
