Aliens law: Proof of language skills when reuniting with a German spouse (§ 28 AufenthG)

German nationals who marry a partner from a third country generally wish to marry in Germany. Article 6 of the Basic Law protects marriage and family and obliges the state to make this cohabitation possible. However, the reunification of spouses is not automatic: the foreign spouse usually needs a visa and then a residence permit in accordance with Section 28 para. 1 sentence 1 no. 1 of the Residence Act (AufenthG).

The same applies in November 2025: The law generally requires basic German language skills at level A1 of the Common European Framework of Reference for reunification with a German spouse (Section 28 (1) sentence 5 in conjunction with Section 30 (1) sentence 1 no. 2, Section 2 (9) AufenthG). Political plans in recent years to abolish or significantly relax the language requirement before entry have not yet been implemented; this is also shown by current reporting and the Federal Government's response to parliamentary questions.

The main new additions in recent years have been detailed changes: additional exceptions for skilled workers (Section 30 para. 1 sentence 3 nos. 5 and 7 Residence Act as amended by the Skilled Immigration Act) and an extension of the hardship regulation (Section 30 para. 1 sentence 3 no. 6 Residence Act). However, the basic structure - proof of language proficiency as a rule, exceptions in cases of impossibility or unreasonableness - has remained the same.

In the following, the main points of spousal reunification with Germans with regard to the language certificate are presented and the development of case law up to 2025 is summarised.

1. legal framework: Entitlement, but subject to conditions

1.1 Family reunification with Germans

The legal basis for a foreign spouse to join a German is § 28 Para. 1 Sentence 1 No. 1 AufenthG. The standard grants a right to a residence permit if

• the spouse is German,

• has his or her habitual residence in Germany and

• the general conditions for granting a residence permit pursuant to Section 5 of the Residence Act (in particular, clarified identity, passport, as a rule, security of livelihood) are met.

§ Section 28 (1) sentence 5 AufenthG expressly refers to Section 30 AufenthG for the reunification of spouses with Germans. This means that, in principle, the same requirements apply for German nationals as for reunification with foreign nationals, in particular the minimum age of 18 years and the language requirement.

1.2 Constitutional and EU law background

The Federal Administrative Court already ruled in 2010 that the language requirement for spouse reunification is generally compatible with Art. 6 of the German Basic Law, Art. 8 of the ECHR and the Family Reunification Directive 2003/86/EC (BVerwG, judgement of 30 March 2010 - 1 C 8.09). The Federal Constitutional Court has not accepted a constitutional complaint against this for decision (BVerfG, decision of 15 March 2011 - 2 BvR 1413/10).

It is important to note that the language requirement must not be applied schematically. At the latest since the statutory hardship clause in Section 30 para. 1 sentence 3 no. 6 AufenthG and the case law based on this (BVerwG, judgement v. 4.9.2012 - 10 C 12.12; BVerwG, judgement of 25.6.2019 - 1 C 40.18), it is clear that in certain constellations, proof of language proficiency must be waived in order to comply with Article 6 of the Basic Law and EU law requirements.

2. what are „basic German language skills“ (A1)?

The legal requirements are now quite clear:

• § Section 2 (9) AufenthG defines basic German language skills as level A1 of the Common European Framework of Reference for Languages (CEFR).

• According to the case law of the Federal Administrative Court, this level includes all four skills (listening, speaking, reading, writing), i.e. also simple written language (BVerwG 1 C 8.09).

Practical means A1:

• you can introduce yourself and others,

• answer simple questions about everyday life (place of residence, job, family),

• make themselves understood in typical everyday situations - for example when shopping, on the street or at the authorities,

• fill in very simple forms (name, address, date of birth, etc.).

It is not a question of speaking perfect German when entering the country. What is required is a solid basic foundation that enables you to get your bearings in everyday life. If you can barely manage two sentences in an embassy interview, you will generally not clear the hurdle; if you can communicate in a bumpy but understandable way, you will usually reach A1 level.

3. how is simple knowledge of German demonstrated?

3.1 Language certificate as a rule

In practice, German diplomatic missions abroad almost always require an A1 language certificate from a provider that works according to the standards of the Association of Language Testers in Europe (ALTE) (Goethe-Institut, telc, TestDaF-Institut).

This administrative practice is also reflected in the visa handbook of the Federal Foreign Office, which contains binding instructions for the visa centres.

3.2 Does it have to be an A1 certificate?

The text of the law itself does not stipulate a specific form of proof. As early as 2008, the Higher Administrative Court of Berlin-Brandenburg emphasised that the Residence Act does not require a specific type of certificate and that language skills can also be determined during a personal interview.

Essentially, nothing has changed in this respect: The decisive factor is whether the basic language skills are actually present. In practice, however, it is usually much easier to present a standardised certificate than to argue with the embassy about the scope of this jurisdiction.

3.3 How „fresh“ must the certificate be? - OVG Berlin-Brandenburg 2025

A current example is the decision of the OVG Berlin-Brandenburg of 26 September 2025 (OVG 3 S 60/25).

There, the Nigerian husband of a German national had presented a Goethe A1 certificate from 2021. The embassy and the administrative court considered the certificate to be practically „worthless“ after four years and demanded a new examination. The OVG took a different view:

• An older certificate does not automatically lose its validity.

• Without concrete evidence that the language skills have „faded“ considerably, the existing certificate is sufficient - especially as the person concerned had passed the examination with „good“.

• Delays for which the diplomatic missions themselves are responsible in the visa procedure must not lead to the family remaining separated because a certificate has „expired“ in the meantime.

The Senate obliged the authority to grant a provisional visa in the interim legal protection. At the same time, the court clarified that the German spouse does not have a subjective right to a visa for the foreign spouse; the foreign spouse is entitled to the right of residence and Article 6 of the Basic Law only works indirectly in his or her favour.

4 Legal exceptions to the language certificate

§ Section 30 (1) sentence 3 AufenthG contains a number of cases in which proof of basic German language skills is not required. By virtue of Section 28 (1) sentence 5, these exceptions also apply in principle to reunification with Germans, insofar as they can be reasonably transferred.

The following are particularly important:

4.1 Health reasons (Section 30 (1) sentence 3 no. 2 AufenthG)

Proof of language proficiency is not required if the spouse joining the family is unable to acquire or prove simple German language skills due to a physical, mental or psychological illness or disability.

The hurdles are high: certificates must specifically state why language acquisition is impossible - a mere impediment is not enough. This is shown, for example, by a judgement of the VG Berlin of 12 September 2023 (38 K 90/22 V), in which certificates for depression and cardiovascular diseases were not sufficient because they only proved learning difficulties, but not an impossibility.

4.2 Recognisably low need for integration (Section 30 (1) sentence 3 no. 3 AufenthG)

This exception applies above all to highly qualified persons, for example if the spouse joining them has a university degree and can be expected to integrate without state assistance due to their professional qualifications and knowledge of German or English.

In practice, it only plays a role in reunification with Germans if the spouse joining them is a skilled worker.

4.3 Privileged residence titles of the original holder (Section 30 (1) sentence 3 no. 5 and 7 AufenthG)

This primarily concerns family reunification for skilled workers (EU Blue Card, researchers, certain IT specialists, ICT card holders, etc.). In recent years, the legislator has partially lifted the language requirement for these groups in order to facilitate the immigration of skilled workers.

This exception is rarely relevant for classic reunification with Germans. However, it can play a role in „returnee cases“ if the German spouse was previously in Germany with such a title and the reunification is still legally processed via this title.

4.4 Impossibility or unreasonableness of language acquisition (Section 30 (1) sentence 3 no. 6 AufenthG)

In practice, this is the most important exception - especially when reuniting with Germans. According to this, proof of language proficiency is not required if it is not possible or not reasonable for the spouse to make efforts to acquire basic German language skills before entering the country due to the particular circumstances of the individual case.

The provision essentially codifies the case law of the Federal Administrative Court from 2012 (10 C 12.12) and was once again expressly confirmed by the Federal Administrative Court in 2019 as compliant with EU law.

5 Impossibility and unreasonableness - what the courts require

5.1 Leading decision of the Federal Administrative Court 2012

In 2012, the Federal Administrative Court clarified the issue of spousal reunification with Germans:

• § Section 30 para. 1 sentence 1 no. 2 AufenthG also applies to reunification with Germans via section 28 para. 1 sentence 5,

• but only in a „corresponding“ application, which must take into account the special weight of Article 6 of the Basic Law and the freedom of movement of German nationals.

In concrete terms, this means

• Only reasonable efforts may be required of the foreign spouse,

• As a rule, these must extend to approximately one year of serious learning attempts in the country of origin,

• If, despite these efforts, a sufficient language level is not achieved or efforts are already impossible (no courses, massive security situation, etc.), the visa must be issued.

This prevents the language requirement from becoming a de facto permanent barrier to entry.

5.2 Concretisation by the lower courts

Current decisions take up these standards and fill them with life:

• The VG Berlin (judgement of 12.9.2023 - 38 K 90/22 V) has emphasised that proof of serious efforts regularly requires documentation of course attendance over approximately one year. A cancelled course and a few months of individual lessons were not sufficient to assume unreasonableness. The court also referred to the now widespread possibilities of online language learning, which raise the threshold for unreasonableness.

• In more recent decisions (e.g. VG Berlin 37 L 106/25, 5 June 2025), Section 30 para. 1 sentence 3 no. 6 AufenthG is used in interim legal protection to examine whether the separation of the family is still reasonable in view of special circumstances (e.g. danger in the country of origin, health situation) despite the lack of an A1 certificate. The courts continue to closely follow the guidelines of the Federal Administrative Court.

5.3 Particularly protected constellations: Turkish nationals

For spouses of Turkish nationals, the EEC-Turkey association law also applies. The European Court of Justice ruled in 2014 (Case C-138/13 - Dogan) that a subsequently introduced language requirement can violate the standstill clause if it leads to the refusal of subsequent immigration without exceptions.

In 2019 (1 C 40.18), the Federal Administrative Court pointed out that the hardship provision in force since 2015 (Section 30 (1) sentence 3 no. 6 Residence Act) takes these requirements under EU law into account, provided that it is seriously examined and applied in individual cases.

6. practical tips for the visa procedure

Some practical recommendations can be derived from the current legal situation and case law:

1. Start language acquisition early
   If you are seeking to reunite with your spouse, you should - if possible - start an A1 course immediately and carefully keep all course certificates, exam registrations and exam attempts. These documents will be important later in order to be able to prove serious efforts.

2. Certificates are not everything, but they almost always make sense
   Legally, other proof is also sufficient, but in practice A1 certificates from recognised providers are the easiest way to avoid discussions with the embassy and immigration authorities.

3. When courses are missing or dangerous
   If there are no accessible courses in the country of origin or if visits are associated with considerable security risks, these circumstances should be documented at an early stage (e.g. enquiries with language schools, security situation, medical certificates). Such cases typically fall under § 30 para. 1 sentence 3 no. 6 AufenthG and the case law of the Federal Administrative Court 10 C 12.12.

4. Good evidence of illness or disability
   If an exception due to illness or disability is to be claimed, the courts require detailed medical documentation. It is important that the medical reports specifically explain why language acquisition is not possible - not just „difficult“.

5. Don't give up old certificates too quickly
   Anyone who already has an A1 certificate should not be discouraged by the age of the document. The decision of the OVG Berlin-Brandenburg of 26 September 2020 shows that even older certificates continue to carry weight if there are no concrete indications of a loss of knowledge and the delay in the procedure was mainly caused by the authorities.

6. German spouse has no „own“ visa right
   Surprising for many couples: The German spouse cannot directly sue for a visa, the subjective rights lie with the foreign spouse. This was once again explicitly emphasised by the Berlin-Brandenburg Higher Administrative Court in 2025. However, Article 6 of the Basic Law remains an important argument when weighing up the options.

7. conclusion

In November 2025, the legal framework for the reunification of spouses with Germans is clearer than it was a few years ago, but it has by no means become easier:

• The A1 language level remains a standard requirement.

• The hardship clause in Section 30 para. 1 sentence 3 no. 6 AufenthG is the main lever for obtaining a visa in difficult individual cases.

• Case law - from the Federal Administrative Court to current decisions by administrative courts and higher administrative courts - requires serious, documented efforts to acquire language skills, but is prepared to waive the language requirement in cases of actual impossibility or unreasonableness.

• Political announcements to generally abolish the A1 proof for spouse reunification have not yet been implemented; they do not currently change the authorities' decision-making practice.

Precisely because much depends on the specific individual case, it is advisable to seek expert advice at an early stage - both when planning the reunification of spouses and in the event of problems with the visa procedure.

Note:
This article provides an overview of the legal situation and case law on the reunification of spouses with Germans in accordance with the Residence Act as of November 2025. It cannot replace individual legal advice. Despite careful research, no liability can be accepted for the accuracy and completeness of the information provided.

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