It remains an important topic and stirred a lot of debate

cf. thread:

http://www.trust7.com/en/foren/integration/language_req_s_constitutional

The Federal Administrative Court (BVerwG, Urt. v. 30. 3. 2010 – 1 C 8/09), in a fresh decision, has now ruled on the conformity with both German Constitutional and European Law regarding the requirement of simple German skills for issuing a dependant visa as stipulated in the German Immigration law (Aufenthaltsgesetz).

In this case the plaintiff was a Turkish national. She, along with her five children of minor age, applied for a visa to join her husband and the father of the children. The latter , also a Turkish national, was living in Germany since 1998. After marrying and later divorcing a German woman, he married the mother of his children (the plaintiff) in December 2006. The husband had a settlement permit. The German embassy in Ankara rejected the application filed in July 2007 because the plaintiff, according to her own acknowledgment, was illiterate and did not have any knowledge of German.

With exceptions explicitly provided for by the law not applicable in this case (for details see below), it came down to the underlying question if a dependant visa for a spouse requires basic German knowledge, oral and written, by the applicant. The Court affirmed the validity of this requirement. The objective is to ensure the integration of the foreigner and guard against forced marriages. The requirement was in accord with the so called Third Country National Directive 2003/86 EC. According to that Directive Member States are entitled to make family reunion dependent on integration measures. The German Constitution’s Article on the protection of the Family (Article 6 GG) is not violated. Article 6 GG does not grant an unfettered claim to join a family member residing in Germany. Rather it calls for a consideration of opposing public interests. In this respect the language requirement is justified since it is manageable and not one that cannot be overcome in due course. The Court also addressed the perceived injustice that nationals from certain countries are privileged in that they are exempt from this language requirement. The Court points out that this inequality stems from and is vindicated by the broad discretion which the German State has in its dealings with international relations. As a third country national the plaintiff was not covered by European law prohibiting discrimination on account of nationality.

In summary, it is to be noted that this decision sanctions the language requirement of basic German skills in general terms. Still, one should bear in mind that the law itself provides for certain exemptions from even this basic requirement. Some of the relevant ones are:

1. A spouse wishing to join his husband or wife is exempt if the latter holds a settlement permit for highly qualified persons or a residence permit for research purposes or a residence permit for self employment. In these cases, however, it is further necessary that the nuptial bond was entered into before the husband or wife shifted to Germany.

2. Without the restriction of prior marriage, a spouse wishing to join his husband or wife is exempt if the latter holds a settlement permit or a EG-settlement permit if immediately before he was granted such a settlement permit he held a residence title for research purposes.

3. Another exemption from the language requirement is given when the husband or wife has been issued a residence permit that was granted on account of him having acquired a comparable residence status in another EU Member State before applying for one in Germany. In this case, however, it is again necessary that the marriage had already occurred.

4. Another, less clear-cut somewhat murky, exception is given where the competent authority deems there to be a manifestly insignificant need for integration in the person of the joining spouse. The same is true in cases where the spouse would be exempt from joining an integration course which in turn presupposes an evidently insignificant need for integration.


contact(at)kanzlei-jain.de

Interestingly, a friend of mine told me today that when he applied to finanzamt for financing of the intensive German lang. course for his wife, he was denied. The reason being that even though he has unlimited work contract, the visa given to him is valid only until next year. Therefore, finanzamt and lady at ABH (munich) don't see any merit in his application for the same for the purpose of so called integration, since his visa is not long term. Conversely, it should mean that ones spuse may not require German Skills as long as you have a limited visa (unlike NE etc.)

However, this needs to be confirmed. Can anybody shed further light on this.

Hi,
Even if work contract is unlimited, German course can't be deducted from tax because it is benefiting your private life(like driving license). It is very very difficult to deduct language course fee from tax.

It is just my opinion.

dilbir