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hi

i am Bukhari a German Citizen. my wife got rejection of Family reunion visa last year in May. Main reason was A1 language Course issue. can we apply remonstration now. she could not do language Course because she was busy with my new born baby

asked Jan 30 in Legal advice by bukhari
retagged Jan 30

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2 Answers

+1 vote

Hello @bukhari,

thanks for sharing your question with our community. I'm a linguist and migration counsellor based in Munich's International Counselling Centre, where we're encountering this questions very frequently, so I'll answer it in more detail, supposing the matter is highly relevant to many of our readers.

As a rule, remonstration procedures take many months and can be rejected without any reasons being given. Therefore I#D recommend your wife to apply for a visa anew, but this time she should submit the A1 certificate together with the application form to accelerate the process. Without A1-certificate it won't be possible to get the Visa. I've listed the exceptions below:

  1. You or your spouse are a citizen of the European Union or have exercised your right to free movement as a German.
  2. Language acquisition is not possible abroad, not reasonable or in spite of all effort not successful within a year (only for subsequent immigration to German or Turkish nationals with an entitlement arising from the Association Agreement between Turkey and the European Economic Community).
  3. You are incapable of demonstrating basic knowledge of the  German language due to a physical or mental illness or handicap.
  4. You have a university degree and probably will be able to find work in Germany on the basis of your language skills (recognisably minor need for integration requirement)
  5. You do not wish to reside permanently in Germany.
  6. Your spouse holds an EU Blue Card.
  7. Your spouse has a residence permit as  
  8. highly-skilled worker (§ 19 AufenthG).¢  researcher (§ 20 AufenthG)
  9. company founder (§ 21 AufenthG)
  10. person entitled to asylum (§ 25 (1) or § 26 (3) AufenthG)
  11. recognised refugee (§ 25 (2) or § 26 (3) AufenthG)
  12. holder of a permanent right of residence from other EU countries (§ 38 a AufenthG)
  13. Your spouse is a citizen of Australia, Israel, Japan, Canada, the  Republic of Korea, New Zealand , United States of America, Andorra, Honduras, Monaco or San Marino.
  14. You explain the reasons why language acquisition is impossible (for instance, the nearest Goethe Institute is 1000 miles away, but even this justification is not always accepted)

I suppose that none of these 14 reasons for an exemption from the obligation of providing an A1-certificate is applicable on your case. To sum up: It doesn't make any sense to apply for a visa without an A1-certificate.

I hope my answers were useful for you and I'll be very pleased if you contact me again with further questions. I'm a member of the MBEON-staff  and I‘ll be glad to guide over a longer period of time. Mbeon is an online consultancy for migrants via  the mbeon-app, which you can install on your smartphone for free. Download it via App Store or Google Play Store. You'll find me In the mbeon-app and get confidential one-to-one advice in a safe virtual room, where nobody can wiretap messages. For more information, please see: www.mbeon.de.

Best regards

mbeon-Christine

answered Jan 30 by mbeon-Christine
thank you for the reply.. she comes in the category of highly qualified people as she is doctor and she is again pragnent

what to do about the baby?
should i apply for her german passport from pakistan
+1 vote
Hello again @bukhari, medical doctors normally have a B2-level when they arrive and pass their C1-exams here to obtain an approbation. In her case the degree is doesn't privilege her, because doctors need a very good command of German to work here. If she was a software developer f.e., her good English would enable her to find a job immediately, because this line of business speaks English, but the medical sector needs German. Best wishes mbeon-Christine
answered Jan 31 by mbeon-Christine
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