The case: Serbian wife wants to move in with German husband
In this case, a Serbian national wanted to join her German husband. A national visa is initially required for spousal reunification, which is later converted into a residence permit in accordance with Section 28 AufenthG. As required by law, the competent diplomatic mission abroad demanded proof of basic German language skills at level A1.
The problem: the woman had failed the Goethe-Institut exam in March 2025 and was therefore unable to present an A1 certificate. After her visa application was rejected, she filed an urgent application with the Berlin Administrative Court. She gave the following reasons,
- She urgently needed medical aftercare following cancer, which was not sufficiently guaranteed in Serbia,
- she suffers from severe test anxiety, which is why she cannot pass the language test.
VG Berlin: Why the application failed
However, the court did not consider either reason to be sufficiently substantiated and therefore rejected the claim. The main points:
- Medical reasons not sufficient: The woman had already been treated in Serbia for years. There was no evidence that necessary examinations were not possible or could not be financed there.
- The language certificate is not fulfilled: The applicant could not convincingly demonstrate that health reasons permanently prevent her from acquiring simple German language skills.
- No special case of hardship: In the opinion of the court, there were neither sufficient learning efforts over a longer period of time nor special circumstances that could justify an exception.
Against this background, however, the question now arises: What are the requirements for family reunification - and when are exceptions possible? What evidence do those affected have to provide?
Requirements for family reunification
Whether and under what conditions family members are allowed to move to Germany depends on the person they wish to join and which Residence permit this person has.
The Residence Act distinguishes between reunification with Germans and reunification with third-country nationals. Both groups are subject to different requirements - and these differences can play a major role in the procedure.
Family reunification with Germans (§ 28 AufenthG)
In principle, the rules for reunification with German nationals are somewhat easier because the law particularly emphasizes the protection of marriage and family(Art. 6 GG). Nevertheless, some requirements must also be met here:
- The spouse must be a German citizen
- Both spouses must be at least 18 years old
- The marriage or registered civil partnership must be valid
- The spouse must have his/her habitual residence in Germany
- Sufficient living space must be available
- A visa must be applied for before entering the country if you do not have visa-free status
- There must be no grounds for deportation against the person joining you
- The spouse joining you must have a basic knowledge of German (A1 level).
In practice, this last point is often the biggest obstacle. Those who do not pass the A1 exam or are unable to attend language courses often have difficulties obtaining a visa. Exceptions are possible, but rare and subject to strict conditions.
An important difference to reunification with third-country nationals is that there is no obligation to secure a livelihood in the case of family reunification with Germans. This means that reunification is generally possible even if the German spouse receives social benefits such as citizens' allowance.
Family reunification with third-country nationals (§ 27 AufenthG)
The requirements are much stricter if the family reunification is for a person who does not have a German passport but a Residence permit (e.g. skilled workers, students, persons entitled to protection).
The following basic conditions usually apply here:
- The livelihood of the entire family must be secured, without state benefits such as citizens' income.
- Sufficient living space must be available
- In many cases: Language certificate A1. There is an exception, for example, in the case of highly qualified skilled workers with an EU Blue Card - no language certificate is required here
- Both spouses must be at least 18 years old
- The marriage or registered civil partnership must be valid
Depending on the Residence permit , further rules also apply: For example, there arestricter financial requirements for students.
Easier rules apply for family reunification with recognized refugees or persons entitled to asylum. As a rule, proof of language proficiency at level A1 is not required - provided that the application is submitted in good time and the family partnership already existed before the flight.
Exceptions for children - no language certificate required
Different rules apply to the reunification of children than to the reunification of spouses. Minor children (under the age of 16) do not have to provide proof of language skills, neither for reunification with Germans nor for reunification with third-country nationals.
From the age of 16, children must prove that they have sufficient knowledge of German - for example, through school reports or recognized language certificates. However, this rule only applies if the child is not entering the country together with the joining parent, but is to join them separately.
When are exceptions to the language certificate possible?
The A1 language certificate is one of the most common obstacles to family reunification. The law does recognize exceptions, but these are interpreted very narrowly by the authorities and courts. An exception is therefore only accepted if it can be clearly proven.
Health reasons (Section 30 (1) sentence 3 no. 2 AufenthG)
If a person is unable to acquire basic German language skills due to a physical, mental or psychological illness or disability, the language certificate may be waived.
However, evidence must be provided for this exception to apply. A simple certificate is often not enough - reliable medical reports must be submitted to explain the reasons:
- which specific illness is present,
- how this disease makes language acquisition impossible,
- why alternative forms of learning (e.g. oral acquisition) are not possible.
The fact that an illness merely makes learning more difficult is not enough. The hurdle is therefore very high. In the case decided by the VG Berlin, this requirement was not met - the documents submitted did not justify a permanent inability to acquire or prove A1 knowledge.
Unreasonableness in individual cases (Section 30 (1) sentence 3 no. 6 AufenthG)
A further exception may exist if it is unreasonable in individual cases to acquire language skills in the country of origin. It may be unreasonable, for example, if:
- no language courses are available (online or on site),
- health restrictions exist,
- external circumstances (e.g. political situation, conflicts, wars) make the learning process considerably more difficult.
However, case law requires that the person moving to Germany must demonstrate serious efforts over a longer period of time (at least one year) - for example by attending courses, self-study materials and retaking examinations. Only if no learning success was possible over a longer period of time despite serious efforts can an exception be considered.
Conclusion: What does the ruling mean for those affected?
The decision of the VG Berlin makes it clear how important the A1 language certificate is in practice. Without a corresponding certificate or clearly verifiable exceptions, a visa for family reunification is generally not granted.
Anyone claiming health or personal reasons must provide extensive evidence and explain all circumstances in detail. For many of those affected, this means: prepare well, start learning the language early and document all steps well.
Separation from a spouse or family member - as stressful as it is - is not generally accepted as a case of hardship. The ruling confirms the previous strict line of the courts: no family reunification without proof of A1 - and exceptions are only possible in rare, clearly documented cases.
