VG Berlin, 05.06.2025, file number: 37 L 106/25 V
Introduction:
Family reunification in Germany is generally subject to certain requirements - including basic German language skills. But what happens if these are not available and there are special health circumstances? A recent decision by the Administrative Court of Berlin (VG Berlin, decision of 5 June 2025 - Ref.: 37 L 106/25 V) clearly shows when hardship regulations apply and what evidence is mandatory.
The case:
The Serbian applicant wanted to obtain a visa for family reunification with her German husband. Her problem was that she could not prove that she had the necessary German language skills at level A1. In addition, she argued with health reasons, in particular the need for regular follow-up examinations after cancer treatment, which she claimed could only be carried out in Germany.
The decision:
The Berlin Administrative Court rejected the application for interim legal protection. It did not consider the asserted health and financial reasons to be sufficiently substantiated to waive the statutory obligation to provide proof of German language skills. An exceptional case was also not recognised.
Why did the court decide this way?
According to the Berlin Administrative Court, the applicant lacked evidence that necessary medical examinations would not also be possible in Serbia. The applicant's argument that she could not afford these examinations was deemed unconvincing. In addition, the stated psychological problems (test anxiety) and the resulting inability to pass the language test were not considered to be sufficiently substantiated.
The court expressly emphasised that an exception to the language requirement is only possible within very narrow limits. In particular, it had to be proven that even long-term efforts to acquire the language were objectively unreasonable or would not be successful in the long term.
What does this mean for you in practice?
- Proof of unreasonableness: Anyone wishing to obtain an exemption from the language requirement must provide concrete and verifiable reasons. Health or financial arguments are only sufficient if it is clearly proven that alternatives (such as examinations in the home country) are not possible.
- Acquire language skills at an early stage: The court clearly points out that regular and verifiable efforts to learn the language are necessary, even if they are initially unsuccessful. You should therefore document your learning efforts thoroughly.
- Expertises and certificates: Mental illnesses or other health restrictions must be documented comprehensively and by comprehensible medical reports. A simple medical certificate is not sufficient to convincingly demonstrate examination phobia.
Conclusion:
This case clearly emphasises that the legal requirements regarding language skills for family reunification are strict. Hardship regulations can only be enforced with precise and robust justification. Applicants should therefore seek legal advice at an early stage and carefully document why learning the language is not reasonable in the specific case.
Important Note: The content of this article has been prepared to the best of our knowledge and belief. However, due to the complexity and constant evolution of the subject matter, we must exclude liability and warranty. Important Notice: The content of this article has been created to the best of our knowledge and understanding. However, due to the complexity and constant changes in the subject matter, we must exclude any liability and warranty.
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