Family Reunification with Foreign Spouses (§ 30 AufenthG)

By Attorney-at-Law Dr. Theresa Rath

Family reunification with foreign spouses is among the most common immigration procedures in Germany. Unlike reunification with German citizens under Section 28 Residence Act, residence rights here depend more strongly on the status of the person already living in Germany. Many applicants assume that marriage automatically creates residence rights. In practice, residence status, duration of stay, language requirements and statutory exceptions frequently play a significant role.

Distinction from Section 28 Residence Act: reunification with Germans and with foreign nationals

Section 30 concerns spouses joining foreign nationals living in Germany. Different provisions generally apply where the reference person is a German citizen.

This distinction may affect:

Conditions applicable under Section 28 cannot automatically be transferred to Section 30 and vice versa.

Existing marriage as a basic requirement

Section 30 generally requires that the marriage already exists.

Marriage itself does not automatically create residence rights. Authorities frequently examine:

Document verification may become extensive, particularly in international marriages or marriages concluded abroad.

Language requirements (A1): one of the most common obstacles

Many spouse reunification procedures revolve around German language requirements.

Applicants may generally be expected to demonstrate basic German language skills (A1 level), including everyday communication.

At the same time, numerous exceptions exist.

Requirements may not apply in situations involving:

Many refusals occur because these exceptions are overlooked or interpreted too narrowly.

Residence status of the reference person

A major difference from Section 28 is that reunification frequently depends on the residence permit held by the reference person.

Relevant statuses may include:

Requirements vary considerably depending on the underlying status.

Extensions, separation and long-term pathways

The initial residence permit is often only the beginning.

Later issues may include:

In some cases, extensions remain possible despite changed financial circumstances. Protection of established family life becomes increasingly relevant.

Why applications fail

Refusals often do not concern the marriage itself.

Practical difficulties frequently arise regarding:

Correct legal classification often determines success before the application process itself begins.