Rejected: read the letter first, then choose a track
If your family reunion (Familiennachzug) visa was refused, the single most important document is the refusal letter itself. It carries a Rechtsbehelfsbelehrung — the official note stating which remedy is open to you, which authority or court to address, and the deadline. That instruction is legally authoritative for your case, so read it the day you receive it and diarise the date: most remedies run on a strict one-month clock from when you were notified. A family-reunion visa is decided by the German mission abroad (often after the Ausländerbehörde in Germany declined to give its prior approval, the Vorabzustimmung). That makes it a different track from a refusal of the in-Germany residence permit — so don't follow a generic "Ausländerbehörde rejection" guide blindly; follow your letter.
Why family reunion visas get refused — and which gap is yours
Most refusals come down to one of a few gaps, and naming yours decides whether to appeal or simply reapply:
- Income / secure livelihood — the sponsor must generally be able to support the family without public funds (§5 AufenthG), unless an exemption applies.
- Adequate living space — §29 AufenthG requires ausreichender Wohnraum. The administrative guideline (AVwV AufenthG No. 2.4.2) treats roughly 12 m² per family member over six and 10 m² per child under six as adequate, with a small (~10%) shortfall usually harmless.
- A1 German for spouses — under §30 AufenthG a joining spouse must usually show they can "sich zumindest auf einfache Art in deutscher Sprache verständigen" (around level A1). This is waived for spouses of EU Blue Card and other §§18a–19c skilled-worker holders, and in cases of illness, disability or genuine hardship.
- Documents — an expired passport, a missing apostille, or a translation that isn't from a sworn (beeidigt) translator is a frequent, fixable reason. Note that the living-space and several income hurdles are waived for spouses and minor children of Blue Card / ICT / skilled-worker sponsors (§29(5)), and a broader waiver applies for refugees who apply within three months of recognition (§29(2)).
Remonstration, Klage and the one-month deadline
After a mission refusal you historically had two formal routes — and your letter tells you which is available:
- Remonstration (a written objection to the mission, asking it to reconsider) — where it is still offered, the deadline is stated on your refusal letter. The Federal Foreign Office has been changing this procedure, so do not assume it is open; rely on the Rechtsbehelfsbelehrung on your own letter rather than a general rule.
- Klage (a lawsuit at the administrative court) — under §74 VwGO this must be filed within one month of notification of the decision. Critically, if your letter carries no legal-remedy instruction or a wrong one, that deadline stretches to one year under §58(2) VwGO — but never rely on that; treat the one-month clock as live.
These provisions are on gesetze-im-internet.de. This is general information, not legal advice — a refusal on a tight deadline is exactly when a specialist should look at your letter.
Suing at the Verwaltungsgericht Berlin
Because a German mission acts for a federal authority (the Federal Foreign Office), a Klage against a refused visa is generally brought at the Verwaltungsgericht Berlin — the administrative court where the Federal Government has its seat (§52 No. 2 VwGO). A successful Klage usually ends with the court ordering the mission to issue the visa or to decide again. It is slower and costlier than reapplying, so it makes most sense when you believe the refusal was wrong on the law or the facts — not merely that you can now meet a requirement you didn't meet before (in that case, reapply). Court deadlines are unforgiving; the one-month §74 VwGO window is the one to protect.
Fix the gap and reapply — often the fastest route
If the refusal named a fixable gap — a translation that wasn't sworn, an income shortfall you can now cover, an A1 certificate you've since earned, a tenancy that now meets the living-space guideline — a fresh application is usually faster and cheaper than litigating. There is no penalty for reapplying, and a new application with the gap closed is decided on its own merits. Pull the exact reason from your refusal letter, close that gap with evidence, and prepare the file so the same point can't be raised again. A certified, sworn translation of civil-status documents and clear living-space and income proof remove the most common stumbling blocks. Map the requirements into a checklist so nothing is missing the second time.
When to get a lawyer — and what's outside our scope
For a refusal on a short deadline, a contested legal point, or a stalled case, a Fachanwalt für Migrationsrecht (specialist immigration lawyer) is worth the cost — they read your letter, judge whether a Klage will succeed, and meet the court deadlines. We can help you organise the reapplication — the documents, translations, income and housing evidence, and the A1 step — and tell you what gates what, but we don't represent you in court or guarantee any outcome. Whether a remedy succeeds depends on the facts of your case and the discretion of the authority. If a different family pathway fits your situation, the family reunion visa guide lays out the full requirements your next application must meet.