.png)
Spouse visa, Section 30 Residence Act
All information on applying for a spouse visa in Germany (Dependent Visa/Spouse Visa).
Share:
About this Page
when you can apply for spouse reunification
when the immigration authorities must approve the spouse's reunification
which documents you need for the spouse visa
which application conditions apply ( deadlines and processing time )
Table of Contents
1. Requirements for a spouse visa in Germany
1.1 Valid marriage
1.2 Spouse's residence permit
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 for spouse visa
2.2 Required documents for spouse visa
2.3 Date, costs and entry for spouse visa
3. FAQ Spouse Visa
4. Conclusion
1. Requirements for a spouse visa in Germany
Spouse visas (spouse visas or dependent visas) are, along with child reunification, the most common type of family reunification and account for approximately 60% of all residence permits issued for family reasons. Depending on the year, a total of approximately 60,000 residence permits are issued to married partners (approximately 46% to wives and approximately 14% to husbands). Many family reunification visas are issued to EU Blue Card holders. There are various hurdles to be met when applying for a spouse visa. These requirements and potential hurdles to be met during the application process are outlined below.
1.1 Valid marriage
The first requirement for a visa for spouses to join their spouses is that a valid marriage has been concluded and that this marriage is recognized . Contrary to a widespread misconception, however, it is not necessary for the marriage to also be valid in Germany. According to the Civil Status Act, a foreign marriage can therefore be entered into the German marriage register. Whether the marriage is valid depends on the law of the country to which the fiancé is a national . 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
To apply for a visa or residence permit for the purpose of joining 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 for family reunification. The law therefore lists several residence permits that allow for the reunification of a spouse. The most common residence permits 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 a spouse without any problems. For all other residence permits, the residence permit must either have been in existence for at least two years , or the marriage must already have existed when the residence permit was granted, and the duration of the stay in Germany is expected to be more than one year.
For family reunification to happen with foreign nationals, it is generally not necessary for the foreign national living in Germany to actually already have a residence permit or settlement permit or the corresponding electronic residence title (eAT) or identity card. From a purely legal perspective, family reunification on the basis of a visa or a fictitious certificate is therefore possible in many cases. In practice, however, this procedure leads to formal problems. In this respect, embassies assume that the residence status is then not “sustainably” secured. This often results in the embassy not processing the application any further. In this case, it can be helpful if, for example, a lawyer confirms to the embassy that the foreign national living in Germany will actually receive a residence permit (Letter of Attorney).
1.3 German language skills
In principle, it is also a prerequisite that the spouse joining the family member is able to communicate in German in a basic manner ( 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 continuous development of the Skilled Immigration Act. In particular, it is no longer necessary to prove German language skills if the foreign national living in Germany holds an employment-related migration title (i.e., in particular, an EU Blue Card, ICT card, residence permit for self-employment, self-employment, employment as a senior employee, manager, corporate specialist, researcher, §§ 18a, 18b AufenthG, etc.). Family reunification from certain countries also generally does not require German language skills.
Reliable information on language skills for spouses of third-country nationals joining Germany can also be found on the government website " make-it-in-germany.com ".
There are numerous other statutory and case-law exceptions, and if in doubt, a specialist lawyer for migration law can advise you on these.
1.4 Secured livelihood
1.4.1 Probationary period passed
Furthermore, your livelihood must be secure if you wish to apply for a visa or residence permit for family reunification. This generally means that, as a foreigner living in Germany, you must provide proof of an employment contract with a sufficient salary . The authorities often also 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 quite doubtful whether such strict requirements can be derived from the law. To prove "sustainably" secured livelihood, a so-called employer's 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 during the visa process is correct, that the probationary period has already expired, and that the employment relationship has not yet been terminated. The employer's 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 subject to strict scrutiny by the authorities. What exactly constitutes "sufficient" living space is a matter of considerable legal debate, 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 initial basis for determining the size of the apartment is the "Housing Supervision Act" of the state of Berlin, which stipulates that 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 (and therefore does not directly relate to the Residence Act) and is only relevant for the state of Berlin (so-called state legislation). This law does not apply in other German states. However, similar standards have emerged in case law. According to a widely cited ruling by the Higher Administrative Court of Berlin-Brandenburg, living space is sufficient if "12 square meters of living space are available for each family member over six years of age and 10 square meters for each family member under six years of age, and ancillary rooms (kitchen, bathroom, toilet) can be shared to a reasonable extent" (Higher Administrative Court of Berlin-Brandenburg, ruling of July 31, 2015 - 7 B 39.14). According to another ruling by the Higher Administrative Court of Berlin-Brandenburg, a 10% drop below these values is considered harmless (Higher Administrative Court of Berlin-Brandenburg, ruling of March 25, 2010 - OVG 3 B 9.08).
Sufficient living space must often be proven to the immigration authorities by submitting a corresponding housing certificate . This housing certificate can usually be downloaded from the immigration authorities' website (e.g., here for the Frankfurt am Main Immigration Office and here for the Munich District Administration Office (KVR)). 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 issued to you by the citizens' office, district office, or town hall).
1.5 Approval of the immigration authorities
A further prerequisite for family reunification is that the immigration authorities approve the embassy's issuance of 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 because the 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 disagree. The procedure 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-mentioned 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 sham marriage), embassies are often overly cautious when processing applications (particularly in countries with partially dysfunctional document management systems (e.g., Pakistan and Nigeria)), which makes the process very complicated and lengthy. Even minor errors in the documents or during the appointment often lead to a blockade by the embassies, as they quickly suspect fraud and refuse to process the application further. To avoid this, it is advisable to engage a migration lawyer to conduct a document review (“ lawyer verification ”) and provide legal support during 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 need to find the embassy responsible for you. Jurisdiction generally depends on your place of residence and can be found on the respective embassy's website (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 correct embassy, you need to book an appointment using the embassy appointment booking system ( RK-Visa ) at your respective embassy. Due to embassies being overloaded, appointments are often unavailable, 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 relevant embassy, you can find out on the website which documents will be required 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 visas in 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've received an appointment, you must attend to submit the relevant documents. If necessary, the embassy staff member will also conduct a brief interview with you to assess the plausibility of your application and (if necessary) your language skills. The spouse visa costs €75 according to the fee schedule.
Step 4: Entry into Germany
Once your visa is granted, you can enter Germany. Further details on the necessary steps can be found in our Visa Application Guide.
3. FAQ on spouse reunification
Does a foreign marriage have to be recognized in Germany?
No. If the marriage was validly concluded abroad, the marriage does not need to be separately recognized in Germany. Foreign marriages are valid in Germany. However, for this to happen, the marriage must be valid abroad. The validity of the marriage is then determined either by the law of the country in which the marriage was concluded or by the law of the spouses' nationality (alternative connection). There is also no "registry office reservation" for third-country nationals; this only applies to Germans.
When is a marriage concluded abroad valid (under German law)?
A foreign marriage is considered valid in Germany if the formal requirements (Art. 11 EBGB) and the substantive law (Art. 13 EBGB) of the state in which the marriage took place were observed.
Can marriages also be concluded between absent people (marriage by proxy)?
Yes, proxy marriages are possible if permitted under the respective state law. According to case law, this even applies to double representation, as there is no violation of "ordre public" (so-called "glove marriage"; Federal Court of Justice, decision of September 29, 2021 - XII ZB 309/21).
As a foreigner, can I marry a same-sex couple in Germany even though this is prohibited in my home country?
Yes, foreign nationals can marry a same-sex couple in Germany, even if this is not permitted under the law of their country of origin. In this case, the law of the state maintaining the registry applies (Article 17b of the Introductory Act to the German Civil Code).
Is family reunification possible with alternative marriages?
In some countries, there are alternatives to marriage (e.g., the "Union civil" in Argentina). These civil partnerships are not recognized as marriages in Germany and therefore do not qualify for family reunification.
Are religious marriages possible in Germany?
No, in Germany, marriages can only be celebrated at a registry office (Section 11, Paragraph 1 of the Civil Code). However, it is possible to enter into a religious marriage abroad, as foreign marriages are recognized in Germany if they are also valid abroad (Article 11 of the Introductory Act to the Civil Code).
Is it possible to get married online?
In some countries, online marriage is possible (e.g., in some states in the USA, in Saudi Arabia, and in Mexico). Whether these marriages are valid in Germany cannot be definitively answered. The Federal Foreign Office and the administrative courts have different opinions on this matter.
Which law governs the marriage rights of dual nationals?
For German dual nationals, the right to marry is determined by German nationality (Art. 6 EGBGB).
Can I apply for spouse reunification with the job-searching visa?
Theoretically, under certain conditions, spouses can also apply for reunification with a job-seeking visa holder. In practice, however, the problem arises that spouses must be able to secure their livelihood. This is usually done by submitting an employment contract. Exceptions only apply if substantial assets are available.
Can I apply for spouse reunification even if I do not live with my spouse?
Theoretically, spouses can also join their spouses if they do not live together. However, since spouses must join their spouses "to establish and maintain a family life together" (Section 27 (1) of the Residence Act), the spouses must not be separated. Therefore, the marriage must actually be lived, otherwise it is considered a sham marriage.
4. Conclusion
A spouse visa for Germany (Section 30 of the Residence Act) entitles the accompanying spouse to enter the Federal Republic for permanent family life. Prerequisites are a valid marriage, a valid residence permit for the reference partner, sufficient German language skills (A1 level) – with numerous exceptions for skilled immigration (particularly the EU Blue Card ) – and secure livelihood (including the end of the probationary period and proof of housing). The application is submitted to the responsible foreign diplomatic mission, which then internally obtains approval from the immigration authorities. The visa application must be carefully prepared, as embassies conduct strict checks and frequently issue formal rejections, particularly in cases of suspected sham marriages.
List of Sources (Paywall)
[1] Bergmann / Dienelt, Aliens Law, 15th edition 2025, § 30
[2] Julia Ecker, Directive 2003/86/EC on the right to family reunification, migraex, 71, 2004
[3] Prof. Dr. Susanne Lilian Gössl: Digital marriage in German conflict of laws, StAZ No. 4/2022
[4] For the requirements of a “marriage of convenience”, see VG Munich, decision of 17.10.2022, M 9 S 21.2766
[5] Regarding the assumption of a valid marriage, see BGH, judgment of 7 November 2001 - XII ZR 247/00 -, BGHZ 149, 140 (142)
[6] On the admissibility of a “marriage by proxy” see BGH, decision of 29.09.2021 - XII ZB 309/21
[7] Visa Handbook, spouse or partner reunification, as of June 2024