Spouse reunification: requirements and required documents
With spouse reunification, almost everything depends on who lives in Germany. One thing is common to all: proof of basic German skills (A1) is generally mandatory in every constellation — including reunification with a German. But there are exceptions, for instance in the case of highly qualified employment of the sponsor. There are also differences in subsistence, housing and the reasonableness test for language acquisition.
Three constellations – three legal bases
| Who lives in Germany? | Legal basis | Key points |
|---|---|---|
| German | § 28 AufenthG | A1 yes (via § 28(1) sentence 5), minimum age 18; subsistence as a rule not required |
| EU/EEA/Swiss citizen | Free movement law (FreizügG/EU) | Residence card; A1/subsistence not in the same way |
| Non-EU national | § 30 AufenthG | A1, subsistence, housing – A1 exceptions include high-skilled titles |
Reunification with Germans (§ 28 AufenthG)
Here too the rule is: basic German skills normally have to be proven. § 28(1) sentence 5 AufenthG provides that § 30(1) sentence 1 nos. 1 and 2 as well as sentence 3 apply accordingly. It follows that: both spouses at least 18 years old (§ 30(1) sentence 1 no. 1), an A1 language certificate generally required (§ 30(1) sentence 1 no. 2), and the exceptions from the language proof (§ 30(1) sentence 3) apply accordingly.
The difference from § 30 lies elsewhere. For subsistence, the residence permit under § 28(1) sentence 3 is as a rule to be granted derogating from § 5(1) no. 1 — so proof of income is generally not required for reunification with Germans. And on the reasonableness of language acquisition: because a German may, under Art. 11 GG (Basic Law), not be referred to keeping his marriage abroad permanently, proportionality has to be examined especially thoroughly here (BVerwG, judgment of 4 September 2012, 10 C 12/12).
A common misconception is: "With Germans you don't need A1." That is not correct. What is correct: A1 is a standard requirement, but the exception and unreasonableness review turns out more generous for reunification with Germans.
When language acquisition is unreasonable
If reasonable learning efforts have remained unsuccessful for about a year, or language acquisition is impossible or unreasonable from the outset — for example because no courses are reachable or there is a considerable security risk — the A1 proof before entry has to be waived and the visa granted (§ 28 in conjunction with § 30(1) sentence 3 no. 6). What matters is verifiable efforts with course and exam certificates. After entry, the obligation to acquire the language in Germany continues.
Reunification with non-EU nationals (§ 30 AufenthG)
Here the hurdles are higher as well. Typically required: both spouses at least 18 years old, basic German skills (A1 according to CEFR) before entry, secured subsistence (§ 5(1) no. 1 AufenthG), adequate housing (§ 2(4) AufenthG), a valid marriage and no grounds for refusal.
When A1 is mandatory and when it is not
Broadly speaking, A1 is mandatory for almost everyone who wants to marry or join a German national, and for the majority of spouses of persons living in Germany who do not hold a residence title for highly qualified employment.
As proof: a certificate at least at level A1 is sufficient, covering all four skills including simple written language. As a rule the certificate may not be older than one year. Recognised providers are those meeting the ALTE standard, such as the Goethe-Institut (in India: Max Mueller Bhawan), telc ("Start Deutsch 1") and ÖSD ("Grundstufe Deutsch 1").
If the skills are obvious in the interview, no certificate is needed. Anyone relying on this should upload evidence, such as a degree in German studies or a longer prior stay in a German-speaking country. The visa office does not check this itself; if in doubt, a recognised A1 certificate is required.
Exceptions from the A1 proof (§ 30(1) sentence 3 AufenthG, selection):
- Highly qualified employment of the sponsor, in particular the EU Blue Card, ICT Card or Mobile ICT Card; residence title as a skilled worker with vocational training or academic education (§§ 18a, 18b AufenthG); researchers (§§ 18d, 18f AufenthG), self-employed persons (§ 21 AufenthG) and highly qualified persons (§ 18c(3) AufenthG); managing employees, executives, company specialists, scientists, visiting scientists, engineers and technicians on the research team, teachers and IT specialists (§ 19c AufenthG).
- Nationality of certain countries (§ 41 AufenthV), such as the USA, Canada, Australia, Japan, Israel, New Zealand, South Korea and the UK.
- Recognisably low integration need, such as a university degree with a good employment and integration prognosis.
- Illness or disability preventing learning or proof (with evidence).
- Impossibility or unreasonableness of language acquisition in the individual case (§ 30(1) sentence 3 no. 6) — for reunification with Germans with the stricter standards under Art. 6 and 11 GG.
- Special cases, such as where the marriage already existed before the sponsor moved his centre of life to Germany as a person entitled to asylum or a recognised refugee.
Spouses of EU citizens
For spouses of EU, EEA and Swiss citizens, free movement law applies. The procedure is usually simpler (residence card), and the blanket A1 and income requirements of § 30 do not apply here in the same way. More on this in the article EU family members.
Subsistence and housing
For reunification with a non-EU national, subsistence must be secured (§ 30), meaning without recourse to public benefits. Bürgergeld (basic income support), Wohngeld (housing benefit) and Kinderzuschlag (child supplement) are generally considered harmful; Kindergeld (child benefit) and Erziehungsgeld are not. For reunification with Germans, subsistence is as a rule not required (§ 28(1) sentence 3).
For housing, the rule of thumb is about 12 m² per person over six years and around 10 m² per child under six. The exact figures are set by the local foreigners authority — ask there in advance.
Typical documents
Valid passport and biometric photos. The marriage certificate, depending on the country verified or legalised and with a certified translation. Possibly birth certificates. Proof of income of the spouse in Germany (for § 30). Evidence of housing and health insurance. The A1 language certificate, provided no exception applies. For prior marriages, divorce or death certificates. The exact list is always set by the competent diplomatic mission abroad.
Example: marriage in India
Between Germany and India the Hague Apostille Convention does not apply, because Germany has lodged an objection. Legalisation of Indian certificates also does not take place. Instead, the German missions abroad in India check the certificates where necessary by way of administrative assistance (document verification). The procedure is initiated by German authorities, such as the registry office or the foreigners authority, not by private individuals. At the Embassy in New Delhi it has been digitalised since March 2026: submission by email, no originals needed, legible colour scans are enough; Hindi, Punjabi or Urdu certificates must be translated into English. Depending on the state, fees apply, often around €400–500 per certificate.
As proof of marriage, depending on the law under which the marriage was concluded:
- Hindu Marriage Act: registration certificate plus temple, gurudwara or priest certificate (if applicable conversion certificate) and photos of the essential rites.
- Sharia law: registration certificate plus Nikahnama (if applicable conversion certificate) and photos of the ceremony, such as the Nikahnama proclamation, Qazi and witnesses.
- Special Marriage Act (Court/Civil Marriage): certificate under Section 13 Special Marriage Act plus photos.
- Christian Marriage Act: registration certificate plus certificate of the licensed church (if applicable conversion certificate) and photos.
- If the marriage did not take place in India or Germany: marriage certificate with apostille or legalisation.
In addition, always the birth certificate (Births, Deaths Registration Act, 1969) and the Aadhaar card or the visa or residence title for India, if you are not Indian. Optionally, the marriage can be subsequently recorded at the German registry office (§ 34 PStG). For a wedding in India, a certificate of no impediment may be needed and, if applicable, an NOC (No Objection Certificate) via the German mission. Applications in India run through the Consular Service Portal: fill in the questionnaire and you will receive an individual document list.
Procedure
- Appointment at the competent German mission abroad and submit the application, at the earliest about six months before the planned entry.
- Submit documents; if applicable document verification.
- Involvement of the foreigners authority at the future place of residence (§ 31 AufenthV, via the Federal Office of Administration). In certain case groups, § 31 AufenthV provides for a deadline fiction (consent is deemed granted after ten days if no objection is raised). For spouse reunification, consent must otherwise be obtained — expect waiting time.
- Decision, visa, entry.
- After entry, apply for the residence permit at the local foreigners authority within three months.
The foreigners authority can give its consent in advance upon application (§ 31(3) AufenthV, "advance consent"). This can shorten processing in the visa procedure.
Processing time
As a rule, expect about 8 to 12 weeks and more, depending on the mission abroad and the foreigners authority. For privileged constellations — such as a recognised refugee, application within three months of recognition, § 29(2) AufenthG — there are simplifications.
If the application is refused
Since 1 July 2025, remonstration has been abolished. For refusal notices printed from that date onwards, it no longer exists. Permissible are a new, fee-based visa application with complete evidence or an action before the Administrative Court of Berlin with a deadline of usually one month from notification. What matters is the legal remedy instruction in the respective notice.
Note: general information, not legal or case-specific advice. In individual cases, the competent mission abroad, the foreigners authority or a licensed lawyer will advise. Last updated: 16.10.2026.
Related
- Schengen visa refused: reasons, remedies and a new application
- EU family members: visa & free movement for third-country partners
- Language & visa: what German skills do I need?
- National visa: health insurance – when it is required and when not
- National visa: booking travel despite unclear processing time
Sources
- § 28 AufenthG (family reunification with Germans, in particular subsections 1 sentence 3 and 5) and § 30 AufenthG (in particular subsection 1 sentence 3, A1 exceptions): https://www.gesetze-im-internet.de/aufenthg_2004/__30.html
- § 2(9) AufenthG (definition of "basic German skills" = A1): https://www.gesetze-im-internet.de/aufenthg_2004/__2.html
- § 41 AufenthV (A1 exceptions by nationality), § 31 AufenthV (consent of the foreigners authority, advance consent under subsection 3): https://www.gesetze-im-internet.de/aufenthv_2004/
- BVerwG, judgment of 4 September 2012 — 10 C 12/12 (A1 and reasonableness for reunification with Germans)
- BAMF — leaflet "Nachweis einfacher Deutschkenntnisse beim Ehegattennachzug" ("Proof of basic German skills in spouse reunification")
- Federal Foreign Office — German Missions in India: "Joining a spouse or partner of a civil partnership" (as of 16 February 2026) and "Urkundenüberprüfungen in Indien" ("Document verifications in India")