Language test – Immigration Lawyer Germany

Language test immigration germany Einbuergerungstest
The foreigner entering Germany must prove the German language at A1 level.

This ruling begins to falter, because the Federal Administrative Court in Leipzig has decided that the statutory requirement to demonstrate knowledge of German in case of a family reunification with the foreign spouse to a German citizen is only valid restricted.

Unlike the reunion of foreign nationals here visa for spouses must already be granted even if there are efforts to acquire simpler language skills in individual cases. The visa should be issued if the German test is not possible within a year (Federal Administrative Court dated September 4, 2012 – 86 / 2012).

In my opinion the German embassies are not allowed to exclude people of the visa application who did not pass the language test in general, because the decision of the Federal Administrative court dated March 3, 2010 – BVerwG 1 C 8/09 is on the following individual cases. The German regulation must not effect, that the German embassies ask people to pass the language test before they can apply for the visa, especially if they are entitled to get a residence permit regarding  § 28 Aliens Act (family reunification to a German).  Because the Federal Administrative Court notes in his guiding principle for the reunification of the visa applicant to his foreign spouse living in Germany regarding § 29 Aliens Act: “The absence of a general exemption for hardship cases shall not affect the constitutionality of the regulation, as to avoid a disproportionate couples separate in individual cases in other ways, such as by issuing a residence permit for language acquisition in accordance with § 16 paragraph 5 Aliens Act, can be remedied. ”

Decision of the Constitutional Court of  March 3, 2011, 2 BvR 1413/10

Language test – Immigration Lawyer Germany

The decision of the Federal Constitutional Court regarding the requirement of successful participation in the course and the existence of the language test A1 does not change the necessity of  a check in the individual case, because in this decision the following is noted:

“The delay in the acquisition of language skills typically associated burden domestic cohabitation in Germany will be mostly overcome in the foreseeable future because there are only minor requirements of the language test. In addition it is so, that for the foreign spouse who lives in Germany, additional efforts for the family unit are therefore necessary through visits or – as the Federal Administrative Court rightly observes – if necessary the family reunion has to be established entirely abroad ”


This means that if the language skills cannot be resolved in a reasonable time, a visa must be issued if one spouse is a German citizen.  In my estimation, can thus also in cases where the languages ​​are available, but the language test does not lead to a positive result. If the court weighs up the individual case this could have the result that a visa should be granted.