How to Appeal a Family Reunion Visa Rejection in Germany: HR Support Guide

How to Appeal a Family Reunion Visa Rejection in Germany: HR Support Guide

Familiennachzug Visa (family reunion visa) rejection can be a major setback for your employees seeking family reunification in Germany. This situation can be stressful for your employee, especially if their spouse, children, or other dependents are unable to join them. Fortunately, German law provides options to appeal such decisions.

As an HR professional, you can turn this challenge into an opportunity by guiding them through the appeal process in 2025. Let’s dive into the steps to navigate a Visum Ablehnung (visa rejection) appeal in Germany.

Eligibility for Appealing a Family Reunion Visa Rejection

Not every visa rejection qualifies for an appeal, so it’s critical to assess eligibility first.
Your employee’s family member can appeal if:

• The rejection was issued by a German embassy or consulate (Deutsche Botschaft/Konsulat).
• The applicant believes the decision was unjustified—e.g., due to misinterpretation of documents or insufficient reasoning provided in the rejection letter (Ablehnungsbescheid).
• The appeal is filed within the legal timeframe (more on this below).‍
• Who Can Appeal: Employees whose family members’ visa applications were denied (e.g., spouse, minor children, or, in exceptional cases, parents of employees holding a valid German residence permit (Aufenthaltstitel), such as an EU Blue Card, work visa, or permanent residency.); Consult the German Aufenthaltsgesetz (Residence Act) for detailed eligibility rules.‍
• Common Reasons: Insufficient financial proof, doubted marriage authenticity, missing documents, or language issues.‍
• HR Note: Assess the rejection letter (Bescheid) to identify the specific issue.

The Appeal Process: Step-by-Step

Appealing a family reunion visa rejection involves a two-stage process under German immigration law. Here’s how you can guide your employee:

1. Request a Remonstrance (Remonstration)
   
   • Within one month of receiving the rejection letter, the applicant must submit a written appeal to the same German mission that issued the decision (e.g., embassy or consulate).
   • This step asks the authorities to reconsider the application based on additional evidence or clarification of errors.
   • Tip: Ensure the employee’s family member includes a detailed explanation of why the rejection was incorrect, supported by evidence.
     
     
2. File a Lawsuit (Klage) if Remonstrance Fails
   
   • If the remonstrance is denied, the next step is to file a legal appeal with the Administrative Court (Verwaltungsgericht) in Berlin.
   • This must be done within one month of the remonstrance rejection.
   • Legal assistance from a German immigration lawyer (Anwalt für Migrationsrecht) is highly recommended at this stage. For official guidance, refer to the Federal Foreign Office

Requirements for a Successful Appeal

To overturn a visa rejection, your employee’s family member must meet the original Familiennachzug requirements and address the rejection reasons. Common requirements include:

• Valid Residence Permit: The employee in Germany must hold a valid Aufenthaltstitel (e.g., EU Blue Card, skilled worker permit).
• Sufficient Income: The employee must prove financial stability to support their family (lebensunterhalt gesichert).
• Adequate Housing: Proof of sufficient living space (Wohnraum) for the family.
• Language Skills: Spouses usually need an A1 German certificate (Deutschkenntnisse), unless exempt (e.g., joining an EU Blue Card holder).
• Correct Documentation: All documents must align with German standards (e.g., translated and notarized if required).

Pro tip: The appeal must directly address why the initial application was rejected—e.g., missing documents, insufficient salary proof, or doubts about the relationship.

‍Documents Needed for the Appeal

Prepare the following documents to strengthen the appeal:

• Rejection Letter (Ablehnungsbescheid): Include the original notice to reference specific reasons for denial.
• Appeal Letter (Remonstrationsschreiben): A detailed explanation in German or English, signed by the applicant.
• Updated Documents:
  
  • Valid passport of the family member.
  • Marriage certificate (Heiratsurkunde) or birth certificate (Geburtsurkunde), translated and legalized.
  • Proof of the employee’s income (Gehaltsabrechnungen)—e.g., payslips for the last 3-6 months.
  • Rental agreement (Mietvertrag) showing adequate housing.
  • A1 German language certificate (if applicable).
• Employee’s Residence Permit: Copy of their Aufenthaltstitel.
• Additional Evidence: Letters, photos, or other proof to clarify relationship authenticity if questioned.

Submit originals with two copies, as required by most German missions. Check specific checklists on the embassy’s website, e.g., india.diplo.de.

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Where to Apply for the Appeal

• Remonstrance: Submit to the German embassy or consulate that issued the rejection. Locate the nearest mission here.
• Court Appeal: File with the Verwaltungsgericht Berlin if the remonstrance fails. This typically requires a lawyer and can be initiated remotely through legal representation.

Appointment Details

• Remonstrance: No appointment is usually needed; submit via mail or email as per the embassy’s instructions. Confirm submission methods with the specific mission.
• Court Appeal: Appointments depend on the court process and lawyer coordination. Consult the Verwaltungsgericht for details: 

Advise your employee to act quickly, as deadlines (Fristen) are strict.

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Salary Levels for Eligibility

The employee’s income is a key factor in family reunion visa approvals. German authorities require proof that the Lebensunterhalt (livelihood) of all the family members is secured without relying on public funds. As of 2025:

• Minimum Income: No fixed amount is legally defined, but it must cover living costs for all family members. For reference:
  
  • Single person: ~€1,200/month net.
  • Couple: ~€1,800/month net.
  • Additional child: ~€400-500/month net.
• EU Blue Card Holders: Exempt from strict income checks if the salary meets Blue Card thresholds (e.g., €45,552/year for shortage occupations, €58,400/year for others in 2025).
• Documentation: Provide recent payslips, tax returns (Steuerbescheid), or an employer letter (Arbeitgeberbescheinigung).

Processing Time for the Appeal

• Remonstrance: Typically takes 1-3 months, depending on the embassy’s workload and case complexity.
• Court Appeal: Can take 6-12 months or longer, especially if additional hearings are required.
• Delays may occur if documents need verification (Urkundenprüfung).

Fees Involved

• Remonstrance: Free of charge at the embassy/consulate level.
• Court Appeal: Court fees start at ~€150-300, plus lawyer costs (often €1,000-€2,000+, depending on complexity).
• Visa Reapplication: If the appeal succeeds, the standard family reunion visa fee applies—€75 for adults, €37.50 for minors.

Additional Important Considerations

• Legal Support: For complex cases (e.g., suspected fraud or document issues), hire a German immigration lawyer to improve success rates.
• Time Sensitivity: Missing the one-month deadline for either step voids the appeal option, forcing a new visa application.
• Communication: Ensure all correspondence is in German or English to avoid delays.
• Employee Support: Offer to assist with document collection or translation to reduce stress and expedite the process.

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HR Quick reference: appeal for family reunion visa rejection (Download format)

​​Conclusion

Helping your employee appeal a family reunion visa rejection in Germany requires understanding the Familiennachzug process, meeting strict deadlines, and providing robust evidence. By guiding them through eligibility checks, document preparation, and the appeal stages, you can help reunite their family and maintain their focus at work.  It also demonstrates your commitment to their family’s future in Germany. For the latest updates, bookmark the Federal Office for Migration and Refugees (BAMF) site.

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Common questions on Family Re-unification visa