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.