Spouse Visa, § 30 AufenthG
All information on applying for a spouse visa in Germany
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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 )
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 Dates, costs and entry for spouse visas
3. FAQ Spouse Visa
4. Conclusion
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).
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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).
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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.
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 be valid, the marriage must be valid abroad. The validity 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 (under German law) valid?
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 wedding 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 EGBGB).
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 determined. 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 based on German nationality (Article 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 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
[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 Administrative Court Munich, decision of 17 October 2022, M 9 S 21.2766
[5] Regarding the assumption of a valid marriage, see BGH, judgment of 07.11.2001 - 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
