Here you learn ...
... when you can apply for spouse reunification
... when the immigration authorities must approve the spouse's immigration
... which documents you need for the spouse visa
... which application conditions apply ( deadlines and processing time )
Written by:
lawyer
Publication date:
July 7, 2024
Reading time
11 minutes
Table of Content
1. Requirements for a spouse visa for Germany
1.1 Effective marriage
1.2 Residence permit of the spouse
1.3 Language skills
1.4 Secured livelihood
1.4.1 Probationary period passed
1.4.2 Adequate living space
1.5 Approval of the immigration authorities
2. Apply for a spouse visa (Guide)
2.1 Competent Authority Spouse Visa
2.2 Required documents for spouse visa
2.3 Date, costs and entry spouse visa
3. FAQ Spouse Visa
1. Requirements for a spouse visa for Germany
The reunification of a spouse (spouse visa or dependent visa) is, along with the reunification of children, the most common type of family reunification and accounts for around 60% of all residence permits issued for family reasons. Depending on the year, around 60,000 residence permits are issued to married partners (around 46% to wives and around 14% to husbands). Many visas for family reunification are issued to holders of an EU Blue Card. There are various hurdles to overcome when applying for a spouse visa. These requirements and possible hurdles when applying are described below.
1.1 Effective marriage
The first requirement for a visa for spouses to join their spouses is that a valid marriage has been concluded and that this is recognized . Contrary to popular belief, however, it is not necessary for the marriage to be valid in Germany. According to the Civil Status Act, a foreign marriage can be entered into the German marriage register. Whether the marriage is valid depends on the law of the state to which the fiancé belongs . According to case law, this even includes cases in which the marriage would obviously be invalid according to German standards. For example, the Higher Regional Court of Zweibrücken had to rule on a Pakistani “glove marriage” and came to the conclusion that this would constitute a valid marriage in Germany, even though such a glove marriage would not be valid in Germany (Higher Regional Court of Zweibrücken, decision of December 8, 2010 - 3 W 175/10).
1.2 Spouse/reference person has a residence permit
In order to apply for a visa or a residence permit for the reunification of a spouse, the person living in Germany must still have a valid residence permit . It is important to note that not every residence permit allows family reunification. The law therefore lists a number of residence permits that make it possible for a spouse to join. The first few that are not problematic are permanent residence permits (settlement permit and EU long-term residence permit) and employment migration permits (EU Blue Card and ICT card). If you, as a foreigner living in Germany, have one of these permits, you can apply for the reunification of your spouse without further ado. For all other residence permits, the special requirement is that the residence permit must have either existed for at least two years or that the marriage already existed when the residence permit was issued and the duration of the stay in Germany is expected to be more than one year.
In principle, for family reunification to happen with foreigners, it is not necessary for the foreigner living in Germany to actually already have a residence permit or settlement permit or the corresponding electronic residence permit (eAT) or ID card. From a purely legal perspective, family reunification on the basis of a visa or fictitious certificate is therefore possible in many cases. In practice, however, this procedure leads to formal problems. The embassies therefore assume that the residence status is not then “sustainably” secured. This often leads to the embassy not processing the application any further. It can be helpful here if, for example, a lawyer confirms to the embassy that the foreigner living in Germany will actually receive the residence permit (letter of attorney).
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
1.3 German language skills
In principle, it is also a requirement that the spouse joining the family can communicate in German in a simple way ( A1 language skills according to the Common European Framework of Reference for Languages). However, the legislature has created more and more exceptions to this basic rule through the constant further development of the Skilled Immigration Act. In particular, it is no longer necessary to prove German language skills if the foreigner living in Germany has an employment migration title (i.e. in particular EU Blue Card, ICT card, residence permit for self-employment, self-employment, employment as a senior employee, manager, company specialist, researcher, §§ 18a, 18b Residence Act, etc.). Family reunification from certain countries also generally does not require German language skills.
You can also find reliable information on language skills for spouses of third-country nationals joining Germany on the government website " make-it-in-germany.com ".
There are numerous other legal and case law exceptions, and in case of doubt, a specialist immigration lawyer can advise you on these.
1.4 Secured livelihood
1.4.1 Probationary period passed
Furthermore, your livelihood must be secure if you want to apply for a visa or a residence permit for family reunification. This usually means that, as a foreigner living in Germany, you must provide evidence of an employment contract with a sufficient salary . The authorities also often require that the probationary period has already expired (so-called “sustainably” secured livelihood) and that the employment relationship has not yet been terminated. From a legal perspective, it is doubtful whether such strict requirements can be inferred from the law. To prove “sustainably” secured livelihood, a so-called employer certificate must usually be submitted. In this document, the employer of the foreigner living in Germany must confirm that the information provided by the foreigner in the visa process is correct, that the probationary period has already expired and that the employment relationship has not yet been terminated. The employer certificate can usually be downloaded from the website of the respective immigration authority (see, for example, here for the immigration authority in Frankfurt am Main, here for the district administration department (KVR) in Munich (Munich immigration authority) and here for the immigration authorities in Hamburg (Hamburg Welcome Center)).
1.4.2 Adequate living space
Another requirement for family reunification with a foreigner is that you can prove that you have “sufficient” living space . This requirement is also checked very strictly by the authorities. What exactly constitutes “sufficient” living space is a matter of debate in legal science, as the law does not specify the size of the apartment or a specific duration of the rental agreement. This point therefore repeatedly leads to disputes with the authorities and in court. The first point of reference for determining the size of the apartment is the “Housing Supervision Act” of the state of Berlin, according to which at least 9 m² must be available for each adult and at least 6 m² for each child . However, the Housing Supervision Act is a social law (i.e. does not refer directly to the Residence Act) and is only relevant for the state of Berlin (so-called state legislation). This law does not apply in other federal states in Germany. However, similar standards have been developed in case law. According to a frequently quoted ruling by the Berlin-Brandenburg Higher Administrative Court, the living space is sufficient if “12 square metres of living space are available for each family member over the age of six and 10 square metres for each family member under the age of six, and ancillary rooms (kitchen, bathroom, toilet) can be used to an appropriate extent” (Berlin-Brandenburg Higher Administrative Court, ruling of July 31, 2015 - 7 B 39.14). According to another ruling by the Berlin-Brandenburg Higher Administrative Court, a 10% drop below these values is not harmful (Berlin-Brandenburg Higher Administrative Court, ruling of March 25, 2010 - OVG 3 B 9.08).
Sufficient living space must often be proven to the immigration authorities by presenting a corresponding housing certificate . You can usually download this housing certificate from the immigration authorities' website (e.g. here for the immigration authorities in Frankfurt am Main and here for the district administration department (KVR) in Munich (Munich immigration authorities)), otherwise it will be sent or handed to you by your responsible clerk. The housing certificate should not be confused with the landlord confirmation (which is sent to you by your landlord) or the registration certificate (which is given to you by the citizens' office, district office or town hall).
1.5 Approval of the immigration authorities
A further requirement for family reunification is that the immigration authorities agree to the embassy issuing the visa. Although you must apply for the visa at the embassy, the embassy will then internally contact the immigration authorities of the specified place of residence to obtain the necessary approval. This approval process causes many difficulties in practice, as internal coordination between the authorities takes a very long time and often does not work. Sometimes it can even happen that the authorities have different opinions. This happens, for example, if the embassy believes that all the requirements for issuing a visa have been met, but the immigration authorities have a different opinion. The process is then "frozen" because both authorities no longer see themselves as responsible and therefore do not process the case any further. The only way to "resolve" such situations is usually to hire a lawyer to request access to the files and then mediate the conflict between the authorities.
2. Apply for a spouse visa
The spouse visa for family reunification is generally applied for at the embassy like any other visa. The above requirements must be proven by presenting the relevant documents at the visa appointment at the embassy. Since family reunification visas have often been abused in the past (e.g. by establishing a fictitious marriage), the embassies are often overly cautious when processing applications (especially in countries with dysfunctional document systems (e.g. Pakistan and Nigeria)), which makes the process very complicated and lengthy. Even small errors in the documents or in the appointment often lead to a blockade attitude on the part of the embassies, as they very quickly suspect fraud and refuse to process the application any further. To avoid this, it is advisable to commission a lawyer specializing in migration law to carry out a document review (“ lawyer verification ”) and provide legal support for the visa process before submitting the application.
.
To apply for spouse reunification at your embassy, you must proceed as follows:
Step 1: Determine the responsibility and book an appointment
First, you must find the embassy responsible for you. Responsibility is generally based on your place of residence and can be found on the website of the respective embassy (see, for example, the list of the various embassies in India here and the joint website of the embassies in the USA here ). Once you have found the right embassy, you must book an appointment in the embassy appointment booking system ( RK-Visa ) at your respective embassy. Due to the embassies being overloaded, appointments are often not available and you can only register for a place on the waiting list. Further details on determining the responsible embassy and registering for an appointment can be found in our Visa Application Guide.
Step 2: Collect the necessary documents
Once you have identified the responsible embassy, you can visit the website to find out which documents will be necessary for your application for a spouse visa for family reunification.
Basically, the following documents are required:
Apply for a spouse visa from India: Checklist for a spouse visa to Germany from India
Apply for a spouse visa from Turkey: Checklist for a spouse visa to Germany from Turkey
Apply for a spouse visa from Russia: Checklist for a spouse visa to Germany from Russia
Apply for a spouse visa from Iran: Checklist for a spouse visa to Germany from Iran
Apply for a spouse visa from Pakistan: Checklist for a spouse visa to Germany from PakistanApplying for a spouse visa from the USA: Checklist for spouse visa Germany for US citizens
Apply for a spouse visa from the Philippines: Checklist for a spouse visa to Germany from the Philippines
Step 3: Attendance of the appointment (interview) and costs
Once you have received an appointment, you must attend to present the relevant documents. If necessary, the embassy employee will also conduct a short interview with you to check the "plausibility" of the application and (if necessary) your language skills. The spouse visa costs 75 euros according to the fee schedule.
Step 4: Entry into Germany
Once the visa has been issued, you can enter Germany. You can find further details on the necessary steps in our Visa Application Guide.
CONTACT US
Are you looking for a lawyer in German immigration and foreigners law? Our lawyers will be happy to support you in residence procedures before embassies, immigration authorities and administrative courts in Germany..
Contact us to book a consultation via video call! with a German Attorney for immigration law!
VISAGUARD.Berlin Legal Services
3. FAQ Spouse Visa
Do you have to have a foreign marriage recognised in Germany?
No. If the marriage was validly contracted abroad, it does not need to be separately recognised in Germany. Foreign marriages are valid in Germany. However, the marriage must be valid abroad. The validity of the marriage is determined either by the law of the country in which the marriage was contracted or by the law of the spouses' nationality (alternative connection). There is also no “registry office requirement” for third-country nationals; this only applies to Germans.
When is a marriage validly contracted abroad (under German law)?
A foreign marriage is deemed valid in Germany if the formal requirements (Art. 11 EBGB) and substantive law (Art. 13 EBGB) of the state in which the marriage took place were observed.
Can I get married in Germany under foreign law?
No. German law is mandatory with regard to the form of weddings in Germany (Art. 13 (4) EGBGB). However, an exception applies in the case of a marriage to be solemnised by a person authorised by a foreign state (e.g. an imam) (Art. 13 para. 4 sentence 3 EGBGB). Information on whether a person is duly authorised can be obtained from the Federal Office of Administration.
Can marriages also be solemnised between persons who are not present (marriage by proxy)?
Yes, proxy marriages are possible if this is permitted under the law of the respective federal state. According to case law, this even applies in the case of double representation, since there is no violation of ‘ordre public’ (so-called ‘gloves marriage’; Federal Court of Justice, decision of 29 September 2021 - XII ZB 309/21).
As a foreigner, can I get married to someone of the same sex in Germany even though this is prohibited in my home country?
Yes, foreigners can get married to someone of the same sex in Germany even if this is not possible under the law of their country of origin. In this respect, the law of the country keeping the register applies (Art. 17b EGBGB).
Is it possible to join family members in the case of alternative marriages?
Some countries have alternatives to marriage (e.g. the ‘Union civil’ in Argentina). These partnerships are not recognised as marriage in Germany and therefore do not entitle the holder to family reunification. However, under certain circumstances, EU citizens may be eligible for reunification, as they can apply for family reunification even for close relatives, without these persons being married (Section 3a of the EU Free Movement Act).
Are there any special aspects to a marriage contracted in Denmark?
In Denmark, marriage is very uncomplicated and fast. In Denmark, a marriage can be contracted in 2-6 weeks with the help of various agencies at certain registry offices. The price is determined by how fast the marriage is to be contracted. Marriages contracted in Denmark are also valid in Germany. However, when marrying in Denmark, it should be noted that a new visa may have to be applied for after the marriage (Section 39 no. 3 of the Residence Act).
Are religious marriages possible in Germany?
No. In Germany, you can only get married in a registry office (Section 11, paragraph 1 of the German Civil Code (PStG)). However, it is possible to have a religious marriage abroad, as foreign marriages are recognised in Germany if they are also valid abroad (Article 11 of the Introductory Act to the German Civil Code (EGBGB)).
Are marriages of minors recognised in Germany?
No. Although the marriage is generally subject to the law of the home country (which, in theory, can allow a child marriage), the legislature prohibits child marriages in Germany. Marriages of minors are therefore not valid in Germany, even if marriages of minors are permitted in the home country (Art. 13 para. 3 EGBGB).
Are multiple marriages also recognised in Germany?
Multiple marriages are also recognised in Germany. However, according to the case law of the Federal Constitutional Court, these multiple marriages are not protected by the fundamental right to found a family (Art. 6 of the German Basic Law). In this respect, the marriage is valid, but it does not entitle the person to be joined by their spouse at a later date (Section 30 (4) of the Residence Act). In the opinion of the immigration authorities, naturalisation is also not possible with a multiple marriage.
Is it possible to get married online?
In some countries it is possible to get married online (e.g. in some states in the USA, in Saudi Arabia and in Mexico). Whether these marriages are valid in Germany cannot be answered conclusively. The Federal Foreign Office and the administrative courts have different opinions on this.
Do you have to present your passport to register a marriage?
No. In practice, the registry offices insist on a passport. However, according to the Ordinance on Civil Status, proof of nationality (e.g. as a certificate) is sufficient.
Which law applies to the right of dual nationals to marry?
For German dual nationals, the right to marry is based on German nationality (Art. 6 EGBGB).
With which residence titles can I apply for my spouse to join me?
Pursuant to Section 30 of the Residence Act, the following residence titles can be used to apply for a spouse to join you:
- Skilled worker permit (esp. Blue Card and ICT Card)
- Settlement permit
- EU long-term residence permit/European settlement permit
- Residence permit for researchers
- Humanitarian protection under certain conditions
The spouse visa can only be applied for with other residence permits if the spouse has already held the residence permit for two years or if the marriage already existed in the home country and the duration of the stay in the federal territory is expected to be more than one year.
Can I apply for my spouse to join me with a job-searching visa?
In theory, you can also apply for your spouse to join you under certain conditions if you have a job-seeking visa. In practice, however, the problem is that your spouse can only join you if you can prove that you have sufficient means to support yourself. This is usually done by submitting an employment contract. Exceptions are only made if you have a large amount of assets.
Can I apply for my spouse to join me even if I do not live with my husband?
Theoretically, a spouse can join you even if the spouses do not live together. However, since the spouse can join you ‘to establish and maintain the family life’ (Section 27 (1) of the Residence Act), the spouses must not be separated. The marriage must also be a real one, otherwise it is considered a sham marriage.
Can family members join a person who has already been granted a residence permit?
Yes, family members can be granted a series of visas. For example, if a foreigner has a residence permit to join a child, the foreigner's spouse can apply for a residence permit to join the child's father.
Are there exceptions to the requirement for a residence permit for the spouse?
Yes, according to the Residence Act, family reunification with any foreigner (regardless of the foreigner's residence status) is possible if there is ‘particular hardship’ (Sec. 30 (2) Residence Act). Whether particular hardship exists in an individual case must be evaluated by a lawyer specialising in migration law.
Can language certificates expire?
No, as a rule language certificates cannot expire. The only thing that is relevant is whether you still have a command of the German language. So if you have a very old language certificate or have lost your language certificate, this is not a problem if you still have a command of the language.
Can I prove my language skills without a language certificate?
Yes, the law only requires that you have language skills. However, the Residence Act does not require a certificate. You can therefore prove your language skills in any way you can (e.g. through an interview). In practice, however, it depends on whether the respective authority accepts this.
Can I apply for family reunification even if I am already in Germany?
Yes. You can apply for family reunification as a visa or as a residence permit. A residence permit for family reunification can be applied for not only at the embassy but also at the immigration office.
Can I apply for naturalisation with a spouse visa?
Yes, naturalisation can be applied for with a spouse visa (Section 10, paragraph 1, no. 2 of the German Nationality Act (StAG)).
Do I have to leave the country beforehand if I marry a European?
No. If you are a third-country national (e.g. a Turkish national) and marry a European citizen (e.g. a Bulgarian or Romanian national), you do not have to leave the country after the wedding.
Do you also have to be able to support yourself when joining a German citizen?
When applying for a spouse visa to join a foreign spouse, you must be able to support yourself. This is not the case when joining a German spouse. When joining a German citizen, the immigration authorities can waive the requirement to be able to support yourself (Sec. 27 (3) Residence Act).
This may also interest you ...
