Germany visa guide for Americans
Germany Spouse Visa 2026
The complete guide for Americans. Also known as the Germany marriage visa. Two routes — §28 (spouse of German citizen) and §30 (spouse of foreign permit holder) — with different requirements, different settlement timelines, and different citizenship paths. All facts verified and disclosed.
Sebastian Mueller
Founder, EuropeVerified · Germany-born · Personally navigated US & German immigration · Full bio →
The Germany Spouse Visa is not a single permit — it is two legally distinct tracks. §28 AufenthG covers spouses joining a German citizen; §30 AufenthG covers spouses joining a foreign national who holds a German residence permit. The two routes have different requirements, different settlement timelines (3 years vs. 5 years), and different citizenship paths. Which route applies to you depends entirely on your partner's citizenship and residency status in Germany.
As an American, you have a key procedural advantage: you can enter Germany visa-free and apply for the permit after arriving, without first visiting a German embassy. Both routes give you full, unrestricted work rights from the day the permit is issued — no separate work permit needed. A1 German is required in most cases, but several exemptions exist on the §30 route when your sponsor holds an EU Blue Card or skilled worker permit.
The §28 route is notably more favorable for those who qualify: no income proof requirement, a settlement permit after just 3 years, and a direct 3-year citizenship path under §9 StAG — a path that remains fully intact despite the abolition of the separate §10 StAG fast-track in October 2025.
Permit Fee
€100i
First issue · €93 renewal (>3 mo)
Settlement Permit
🟠 Spouse of German
3 yearsi
§28 route · Spouse of German citizen
Settlement Permit
🟣 Spouse of Non-German
5 yearsi
§30 route · Spouse of foreign permit holder
Processing Time
4–6 weeksi
Berlin — after appointment
Two legally distinct routes — §28 and §30
Which route applies depends on your partner's status. Spouse of a German citizen → §28 (more favorable). Spouse of a foreign national with a German permit → §30.
Americans apply after arriving in Germany
U.S. citizens enter visa-free and apply directly at the Ausländerbehörde. No German embassy appointment required before travel — for both routes.
Full work rights included on both routes
Both §28 and §30 permit holders have unrestricted work authorization from the day the permit is issued. No separate work permit needed.
What it is
What is the Germany Spouse Visa?
The Germany Spouse Visa is not a single permit — it is based on two legally distinct tracks under the Aufenthaltsgesetz. §28 AufenthG governs spouses joining a German citizen. §30 AufenthG governs spouses joining a foreign national who holds a qualifying German residence permit. Both are statutory entitlements — if the conditions are met, the permit must be issued. The route that applies to you is determined entirely by your partner's status, and the two routes have meaningfully different requirements, advantages, and long-term paths. Sourcei
§28 AufenthG
Spouse of German Citizen
- →Income proof: Waived — not required as a rule
- →Settlement permit: After 3 years (§28(2) AufenthG)
- →Citizenship path: 3 years via §9 StAG (spouse of German)
- →A1 German: Required (hardship exceptions exist)
- →Work rights: Full, unrestricted — from day of permit
- →Same-sex couples: Covered equally throughout §28
§30 AufenthG
Spouse of Foreign Permit Holder
- →Income proof: Required — sponsor must show sufficient income
- →Settlement permit: After 5 years (standard §9 AufenthG path)
- →Citizenship path: 5 years via §10 StAG (standard path)
- →A1 German: Required — but many exemptions exist (Blue Card, §18a/18b, settlement permit sponsors)
- →Work rights: Full, unrestricted — from day of permit
- →Same-sex couples: Covered equally throughout §30
American advantage
Americans apply after arriving — no embassy first
Most nationalities must first obtain a family reunification visa from a German embassy abroad before entering Germany. Americans don't. Under §41 AufenthV, U.S. citizens can enter Germany visa-free and apply for the residence permit directly at the local Ausländerbehörde after arrival. This applies to both the §28 and §30 routes. The application must be filed within 90 daysi of entry. Sourcei
No consulate appointment before moving
Fly to Germany, find accommodation, register your address (Anmeldung), and apply. The entire permit process happens in Germany after you arrive — for both the §28 and §30 routes.
90-day application window
You must submit your application within 90 days of entry. If your appointment cannot be scheduled within that window — common in Berlin — request a Fiktionsbescheinigung immediately on arrival to extend your legal stay.
Full work rights from day one
Unlike many other visa types, both §28 and §30 permit holders have immediate, unrestricted work authorization. You can start any job or business as soon as the permit is issued — no separate work permit needed.
Optional: apply at the US embassy first
Americans who prefer certainty can apply for a family reunification visa at a German consulate in the US before traveling. This is a choice, not a requirement — the in-country route is legally available and widely used.
Eligibility
Which route do you qualify for?
Your route is determined by your partner's status — not by anything you choose. There is no eligibility calculation: look at your partner, determine which category they fall into, and that is your route. The two routes share the same American procedural advantage (in-country application) and the same work rights outcome, but differ materially in income requirements, language exemptions, settlement timelines, and citizenship speed. Sourcei
Route A — §28 AufenthG
Your partner is a German citizen
Your partner must:
- ✓Hold German citizenship
- ✓Have their habitual residence in Germany — the German citizen cannot be permanently living abroad
- ✓Be at least 18 years old
You must:
- ✓Be at least 18 years old
- ✓Have A1 German (unless hardship exception)
- ✓Have a valid passport and proof of marriage
Key advantages of this route
- • Income proof waived — no financial threshold to meet
- • Settlement permit after 3 years (not 5)
- • Citizenship via §9 StAG after just 3 years
Route B — §30 AufenthG
Your partner holds a German residence permit
Your partner must hold one of:
- EU Blue Card (§18g AufenthG)
- §§18a/18b/18c/18d skilled worker, academic, or researcher permits
- ICT card or Mobile ICT card
- Self-employment permit (§21 AufenthG)
- Settlement permit (Niederlassungserlaubnis) or EU long-term residence permit
- Any residence permit held ≥2 years — if marriage predated the permit
You must also:
- ✓Both be at least 18 years old
- ✓Have A1 German — unless sponsor holds an EU Blue Card, ICT/Mobile ICT card, §§18a/18b skilled worker, §18c Abs. 3, §18d researcher, §19c Abs. 1 qualified employment, or §21 self-employment permit (per §30(1) S.3 Nr.5)
- ✓Sponsor must prove sufficient income for the family
A1 waived when sponsor holds
EU Blue Card (§18g) · ICT or Mobile ICT card · §§18a/18b skilled worker · §18c Abs. 3 · §18d researcher · §19c Abs. 1 qualified employment · §21 self-employment — per §30(1) S.3 Nr.5 AufenthG. A separate narrow waiver exists under Nr. 7 when the sponsor received the settlement permit or EU long-term residence permit immediately after one of these qualifying permits.
Same-sex couples are covered equally
Both §28 and §30 AufenthG explicitly cover same-sex marriages and registered civil partnerships (eingetragene Lebenspartner) on equal footing with heterosexual marriages. Berlin LEA references both spouses and registered civil partners throughout its service pages for both permit types.
Requirements
Germany Spouse Visa requirements
Requirements differ by route. The 🟠 §28 Route waives income but requires A1 German. The 🟣 §30 Route requires both income proof and A1 German — but offers language exemptions when the sponsor holds an EU Blue Card or skilled worker permit. Both routes require proof of a valid, genuine marriage, both spouses to be at least 18, and a valid passport.
Proof of valid marriage
Authenticated marriage certificate — for American marriages, this means a US state-issued certificate with an apostille from the relevant state authority (usually the Secretary of State's office). Federal documents require a US State Department apostille. Both partners must be at least 18 at the time of the application.
A1 German language certificate
A1 German is required from an accredited institution (Goethe-Institut, telc, ÖSD, or DSD). On the §30 route, §30 Abs. 1 S. 3 Nr. 5 waives A1 when the sponsor holds an EU Blue Card (§18g), ICT or Mobile ICT card, skilled worker permit (§§18a/18b), §18c Abs. 3 settlement permit, researcher permit (§18d), qualified employment under §19c Abs. 1, or self-employment permit (§21). A narrower waiver under Nr. 7 also covers cases where the sponsor received the settlement permit or EU long-term residence permit immediately after one of those qualifying permits. The §28 route does not have this same exemption structure, though hardship exceptions can apply.
Income — §30 route only
The sponsor must demonstrate sufficient income to support the family without state assistance. In practice, approximately €1,200/month for two people is cited as a working benchmark by immigration lawyers. This is not a statutory minimum — the assessment is made against §5(1) AufenthG and the actual household costs. Income proof is waived for §28 (spouse of German citizen) as a rule.
Adequate housing — §30 route only
The household accommodation must be adequate for the number of occupants. In practice, authorities look for a properly registered residential address with sufficient living space. For EU Blue Card holders, the housing adequacy requirement is waived (as with other §18g permit holders).
German health insurance
Full German-compliant health insurance is required — GKV or comparable PKV. Travel insurance and foreign plans are not accepted. For the §28 route, GKV Familienversicherung via the German spouse's GKV membership may be free if the American earns below €565/month (2026). See the health insurance section below for the full breakdown including the employed-spouse GKV path.
Sponsor's qualifying permit — §30 route
The sponsor must hold a listed qualifying permit for the §30 entitlement to apply. If the marriage was entered into after the sponsor's permit was issued, the permit must have been held for at least 2 years at the time the spouse application is filed. If the marriage predated the permit, this waiting period does not apply.
Documents
Germany Spouse Visa document checklist
BerlinBerlin LEA accepts documents in PDF, JPG, or PNG format. Total upload limit: 100 MB. Single file: 7 MB. Other cities use their own portals — check requirements with your local Ausländerbehörde. All non-German documents must be translated by a certified translator (beeidigter Übersetzer). US documents require an apostille.
Identity and application (both routes)
- Valid passport (issued within last 10 years, valid at least 3 months beyond intended stay, at least 2 blank pages)
- Color copies of all relevant passport pages
- Digital biometric passport photo with QR code (certified studio — required nationwide since May 1, 2025; €6 at Berlin LEA self-service terminal)
- Completed application form (via LEA portal or your city's Ausländerbehörde portal)
- Anmeldung confirmation (Meldebescheinigung) — proof of registered address in Germany
Marriage documentation (both routes)
- Marriage certificate — US-issued, with apostille from the relevant state authority (Secretary of State) or US State Department (for federal documents)
- Certified German translation of the marriage certificate
- If either partner was previously married: divorce decree or death certificate with apostille and certified German translation
- Evidence of genuine marriage (if requested by the authority): joint photos, communications, knowledge of each other's family etc. Not always requested, but be prepared.
Your partner's documents — §28 route (spouse of German citizen)
- German passport or ID card (Personalausweis)
- Proof of habitual residence in Germany — typically the Anmeldung confirmation (Meldebescheinigung) showing the German citizen's registered address
- No income documentation required as a rule
Your partner's documents — §30 route (spouse of foreign permit holder)
- Copy of the sponsor's valid German residence permit
- Income proof — payslips from the past 3–6 months, employment contract, or equivalent documentation sufficient to demonstrate income for the household
- Proof of adequate housing — rental agreement (Mietvertrag) and Wohnungsgeber-Bestätigung (landlord confirmation of occupancy)
- If marriage post-dates the permit: evidence that permit has been held ≥2 years
Language certificate (if required)
- A1 German certificate from Goethe-Institut, telc, ÖSD, or DSD — not older than 1 year. Required for most applicants on both routes.
- NOT required on the §30 route if sponsor holds EU Blue Card (§18g), ICT or Mobile ICT card, skilled worker permit (§§18a/18b), §18c Abs. 3 settlement permit, researcher permit (§18d), qualified employment under §19c Abs. 1, or self-employment permit (§21) — per §30 Abs. 1 S. 3 Nr. 5 AufenthG. A separate narrow waiver under Nr. 7 covers sponsors who received the settlement permit or EU long-term residence permit immediately after one of these qualifying permits.
Health insurance and additional items
- Health insurance confirmation — GKV written insurer confirmation (Versicherungsbescheinigung) or PKV certificate. The insurance card alone is not sufficient.
- For §28 route: check GKV Familienversicherung eligibility — if the German spouse has GKV, the American partner may qualify for free family co-insurance if income is below the 2026 threshold of €565/month (1/7 of monthly Bezugsgröße per §10 Abs. 1 Nr. 5 SGB V). The full source disclosure for this figure is shown in the Health Insurance section below.
- Rental agreement (Mietvertrag) — typically requested alongside the Meldebescheinigung; shows address and tenancy terms. The Meldebescheinigung (already listed above) is the official proof of registered residence submitted to the Ausländerbehörde.
Application process
How to apply for the Germany Spouse Visa — the American route
Most nationalities must obtain a family reunification visa from a German embassy before entering Germany. Americans don't. U.S. citizens enter Germany visa-free and apply for the residence permit directly at the local Ausländerbehörde after arrival — for both the §28 and §30 routes — within 90 days of entry.
While you are in the US
Do these before you travel
Obtain A1 German certificate (if required)
Before arrivalA1 German is required for most applicants on both routes. Plan 2–3 months. The Goethe-Institut A1 exam is the most widely accepted certificate. A1 is waived only if your sponsor holds an EU Blue Card, skilled worker permit (§§18a/18b), self-employment permit, settlement permit, or EU long-term residence. If you qualify for the waiver, confirm this in writing with your Ausländerbehörde before traveling.
Authenticate your marriage certificate (apostille)
Before arrivalYour US marriage certificate must have an apostille from the relevant state authority (usually the Secretary of State) before German authorities will accept it. For federal documents, the US State Department issues apostilles. This process takes time — do not leave it until the last minute. Both you and the apostille document should arrive in Germany together.
Once in Germany
Apply within 90 days
Fly to Germany and register your address (Anmeldung)
Within 14 days of arrivalEnter Germany on your US passport — no visa needed. Within 14 days of moving in, register at the local Bürgeramt to obtain your Meldebescheinigung (registration certificate). Required before your permit application. Your registered address determines which Ausländerbehörde handles your case.
Submit your application at the Ausländerbehörde
Within 90 days of entryApply at the local immigration office — most now accept online applications. Berlin accepts online applications only. Submit all documents and pay the €100 fee. You receive a Fiktionsbescheinigung extending your legal stay while the application is processed. If your 90-day window will expire before your appointment, request the Fiktionsbescheinigung immediately on arrival.
Attend biometrics appointment and collect your permit
After approvalIf approved, the Ausländerbehörde contacts you with an appointment date. Bring originals of all submitted documents. The eAT permit card is ready 4–6 weeks after the appointment in Berlin. Processing times vary by city — smaller cities are generally faster.
Which office handles your application?
Where do you apply for the Germany Spouse Visa?
You apply at the Ausländerbehörde in the city where you register your address (Anmeldung). Your registered address determines jurisdiction. Berlin Berlin LEA accepts both §28 and §30 applications online only — via the service.berlin.de portal.
| City | Office | How to apply | Wait range |
|---|---|---|---|
| Berlin | LEA (Landesamt für Einwanderung) | Online only — service.berlin.de. English available. | Longer — apply immediately |
| Munich | KVR (Kreisverwaltungsreferat) | Online portal — appointment allocated after review. | Moderate |
| Hamburg | Hamburg Welcome Center | Online submission — appointment after review. | Moderate |
| Frankfurt / Heidelberg / Freiburg | Local Ausländerbehörde | Varies — some online, some in-person or postal. | Generally shorter |
| Smaller cities | Local Ausländerbehörde | Often in-person or postal. | Fastest |
About this data
Appointment wait times are not officially published by German authorities. Figures compiled from immigration lawyer reports and verified third-party sources as of early 2026. Always verify current wait times directly with your local Ausländerbehörde before moving.
Health insurance
What health insurance do I need for the Germany Spouse Visa?
Full German-compliant health insurance is required for both the §28 and §30 routes. Travel insurance and foreign plans are not accepted for a residence permit — coverage must meet the minimum standard of German statutory health insurance under §11(1)–(3) SGB V. Sourcei The option available to you depends largely on your sponsor's insurance situation — and the §28 route offers a significant advantage through potential GKV Familienversicherung (family co-insurance) at no extra cost.
§28 route advantage — may be free
GKV Familienversicherung
If the German citizen spouse has statutory health insurance (GKV), the American partner can be enrolled under GKV Familienversicherung — free co-insurance — if the American's income stays below €565/monthi (2026). This is one of the most significant financial advantages of the §28 route.
How to access it
Contact the German spouse's GKV insurer directly. You will need the marriage certificate, your German residence permit, and confirmation that your income is below the threshold. Coverage activates immediately once approved.
Other paths — GKV via employment or PKV
When Familienversicherung does not apply
- →GKV via your own employment: If you are employed in Germany and earn below the Versicherungspflichtgrenze (€77,400 gross/year in 2026), you are compulsorily enrolled in GKV through your employer — regardless of your sponsor's insurance type. This path is entirely independent of Familienversicherung.
- →PKV — if sponsor is privately insured or you earn above the GKV threshold: If your sponsor has private insurance, or you earn above €77,400/year (2026), you must arrange a PKV policy. PKV must be substitutive — equivalent in scope to GKV per §257 Abs. 2a SGB V.
- →Proof required at application: Written insurer confirmation (Versicherungsbescheinigung) stating coverage start date and scope — not just the insurance card.
- →PKV Basistarif available as backstop: All PKV insurers must offer the Basistarif and must accept all applicants regardless of age or health. Premium capped at approximately €1,017/month (2026).
Versicherungspflichtgrenze 2026: €77,400/year (€6,450/month)
Employees earning below this threshold are compulsorily enrolled in GKV via their employer. Above it, GKV becomes voluntary and PKV becomes an option. Source: vdek — Sozialversicherungswerte 2026.
Frequent rejection reasons
What causes Germany Spouse Visa rejections?
Most rejections follow predictable patterns — and all are preventable with thorough preparation.
Missing A1 German certificate
One of the most common errors — applicants assume they can demonstrate language skills verbally or provide a self-study certificate. A1 must be from a recognized institution (Goethe-Institut, telc, ÖSD, or DSD). On the §30 route, confirm your sponsor's permit type before the exam — the exemption list is wide, and many Americans with Blue Card or skilled worker sponsors do not need A1 at all.
Insufficient income proof — §30 route
The sponsor's income must cover the family household without state assistance. Thin payslips, missing documentation, a sponsor still in their probationary employment period, or income below the benchmark for the household size are common triggers. Prepare 3–6 months of payslips and an employment contract.
Marriage certificate missing apostille
US marriage certificates must have an apostille from the relevant state authority before German authorities will accept them. This is one of the most common American-specific preparation errors — the apostille process takes time and cannot be done last-minute.
Sham marriage suspicion
Authorities conduct structured checks for marriages of convenience. Inconsistencies between partners' answers about daily life, where they met, or family knowledge are red flags. American applicants are generally at lower risk than high-risk-country applicants, but the check is applied to all cases.
Applying after the 90-day window expired
If you allow your visa-free entry to expire without filing an application and without requesting a Fiktionsbescheinigung, you are in illegal overstay. Request the Fiktionsbescheinigung immediately if your appointment cannot be scheduled within 90 days of arrival.
Rejections more costly since July 2025
The free informal remonstration procedure at German embassies was abolished on July 1, 2025. Rejected applicants now require formal legal remedies — typically an immigration lawyer or Verwaltungsgericht Berlin. First-submission quality is more critical than before.
After separation
What if we separate or divorce?
Divorce or separation does not automatically end your right to stay in Germany. Under §31 AufenthG, the law provides an independent residence right for spouses who have lived in Germany within the marriage for a minimum period — protecting against situations where a person's entire residence status depends on remaining in a relationship. Sourcei
The standard rule — §31(1) AufenthG
You and your spouse must have lived together in Germany in the marriage for at least 3 years — cohabitation in Germany is what counts, not the total length of the marriage.
After meeting this threshold, you are entitled to a 1-year independent residence permit extension under §31 AufenthG. This is a statutory entitlement — it shall be granted when the 3-year threshold is met.
Your income must be secured during the independent extension period — financial self-sufficiency is required without the sponsor's income.
After the 1-year extension, subsequent permit renewals are possible under the general §31 framework or other applicable permit types, depending on your circumstances.
Hardship exceptions — threshold waived
If you have not yet lived in Germany for 3 years, you can still obtain an independent residence permit in hardship cases:
- ✓Domestic violence — documented reports, police records, or protective orders
- ✓Death of the German or foreign-national spouse
- ✓Circumstances where maintaining the marriage is unreasonable — assessed case-by-case
Get legal advice before separating
The timing of a formal separation and the documentation you have available can significantly affect your §31 AufenthG entitlement. If you are considering separation, consult a German immigration lawyer before taking any formal steps. The 3-year clock must be documented — keep records of joint cohabitation in Germany from the start of your residence here.
Long-term path
From Spouse Visa to permanent residence to citizenship
The two routes have materially different long-term paths. The 🟠 §28 route is significantly faster: settlement permit after 3 years and citizenship after 3 years via §9 StAGi. The 🟣 §30 route follows the standard 5-year timeline. Both routes lead to dual citizenship — Americans keep their US passport.
§28 Route — Spouse of German Citizen
§28 Spouse Permit
Years 0–3 (renewable)
- ✓Statutory entitlement — not discretionary
- ✓No income requirement
- ✓Full unrestricted work rights
- ✓A1 German required initially
- ✓Time counts toward 3-year settlement path
Settlement Permit
After 3 years (§28(2) AufenthG)
- ✓Permanent — does not expire
- ✓B1 German required
- ✓60-month pension contribution requirement waived — §28(2) explicitly excludes §9(2) S.1
- ✓Livelihood secured (ongoing)
German Citizenship
After 3 years (§9 StAG)
- ✓§9 StAG — spouse path, preserved by 2025 coalition agreement
- ✓German spouse must have been a citizen throughout qualifying period
- ✓B1 German required
- ✓Dual citizenship — keep US passport
- ✓Full EU freedom of movement
§30 Route — Spouse of Foreign Permit Holder
§30 Spouse Permit
Mirrors sponsor's permit
- ✓Statutory entitlement — not discretionary
- ✓Income proof required from sponsor
- ✓Full unrestricted work rights
- ✓A1 German required (exemptions apply)
- ✓Permit validity mirrors sponsor's permit
Settlement Permit
After 5 years (§9 AufenthG)
- ✓Permanent — does not expire
- ✓B1 German required
- ✓60 months pension contributions required
- ✓Livelihood secured
- ✓Standard §9 AufenthG conditions apply
German Citizenship
After 5 years total (§10 StAG)
- ✓§10 StAG — standard 5-year path
- ✓B1 German required
- ✓Dual citizenship — keep US passport
- ✓Full EU freedom of movement
- ✓StAG 2024 reform (effective 27 June 2024)
§28 route: the pension contribution requirement is waived
The standard §9 AufenthG settlement permit requires 60 months of pension contributions — a requirement that catches many other permit holders off-guard. For §28 holders, this requirement is explicitly waived by the statutory text of §28(2) AufenthG, which states that §9 Abs. 2 Satz 2 bis 5 applies — the 60-month requirement in sentence 1 does not. This is confirmed directly from the statutory text. §30 holders face the standard §9 AufenthG requirements, including the 60-month contribution requirement.
Recent policy changes — Germany Spouse Visa
Updated April 2026. Confirmed legal and procedural changes only. All entries verified against primary sources.
§10 StAG fast-track abolished — §9 StAG spouse path unaffected
The Bundestag voted October 8, 2025 to abolish the fast-track 3-year citizenship path under §10 StAG (for exceptional integration, C1 German). The law took effect October 30, 2025. Critically, this did not affect the §9 StAG spouse path — spouses of German citizens can still obtain citizenship after 3 years. The 2025 coalition agreement explicitly preserved the §9 StAG spouse route.
Remonstration procedure abolished at German embassies
From July 1, 2025, the free informal appeal procedure at German embassies has been discontinued. Visa rejections now require formal legal remedies — typically an immigration lawyer or administrative court case at Verwaltungsgericht Berlin. First-submission quality is now more critical than ever.
Berlin LEA: digital-only passport photos at all Ausländerbehörden
From May 1, 2025, all German Ausländerbehörden require a digital biometric passport photo with QR code from a certified studio. Printed passport photos are no longer accepted at any German immigration office. Berlin LEA provides a self-service terminal at €6.
StAG 2024 reform: dual citizenship permitted, citizenship after 5 years
The Staatsangehörigkeitsgesetz (StAG) reform took effect June 27, 2024. Standard citizenship eligibility reduced from 8 to 5 years of lawful residence. Dual citizenship now explicitly permitted — Americans can obtain German citizenship without renouncing their US passport. The §9 StAG 3-year spouse path remains in force alongside these changes.
FAQ
Germany Spouse Visa — Frequently Asked Questions
Can Americans skip the embassy and apply for the Germany spouse visa after arriving?
Yes. Under §41 AufenthV, US citizens can enter Germany visa-free and apply for the residence permit directly at the local Ausländerbehörde after arrival. This applies to both the §28 (spouse of German citizen) and §30 (spouse of a foreign permit holder) routes. The application must be filed within 90 days of entry.
What is the difference between §28 and §30 for the Germany spouse visa?
§28 covers spouses joining a German citizen — income proof is waived, settlement permit after 3 years, citizenship in 3 years via §9 StAG. §30 covers spouses joining a foreign national holding a German residence permit — income must be proven, standard 5-year settlement path applies.
Do I need to speak German to get the Germany spouse visa?
A1 German is required in the standard case for both routes. On the §30 route, §30 Abs. 1 S. 3 Nr. 5 waives A1 when the sponsor holds an EU Blue Card, ICT or Mobile ICT card, skilled worker permit (§§18a/18b), §18c Abs. 3 settlement permit, researcher permit (§18d), qualified employment under §19c Abs. 1, or self-employment permit (§21). A narrow waiver under Nr. 7 also covers sponsors who received the settlement permit or EU long-term residence permit immediately after one of those qualifying permits. The §28 route (spouse of German citizen) still requires A1 unless a hardship exception applies.
How long until permanent residence on the Germany spouse visa?
§28 holders (spouse of German citizen): settlement permit available after 3 years under §28(2) AufenthG. §30 holders (spouse of foreign national): standard settlement permit after 5 years under §9 AufenthG.
Can I get German citizenship in 3 years if I am married to a German citizen?
Yes — §9 StAG enables citizenship after 3 years of lawful residence when married to a German citizen, provided the German spouse has been a citizen throughout the qualifying period. Dual citizenship is permitted since the StAG 2024 reform (effective 27 June 2024). The 3-year §10 StAG fast-track for exceptional integration was abolished October 30, 2025 — but the §9 StAG spouse path is entirely separate and remains fully in force.
Can I work in Germany on a spouse visa?
Yes. Both §28 and §30 permit holders have full, unrestricted work authorization in Germany. No separate work permit is needed. You can take any employment or start a business from the day the permit is issued.
How much income is required for the Germany spouse visa?
§28 route (spouse of German citizen): income proof is waived as a rule. §30 route (spouse of foreign permit holder): the sponsor must demonstrate sufficient income for the family — approximately €1,200/month for two people based on immigration practice. This is a guideline figure, not a statutory minimum.
What happens to my residence permit if we divorce?
Divorce does not automatically end your right to stay in Germany. Under §31 AufenthG, if you lived in Germany within the marriage for at least 3 years, you are entitled to a 1-year independent residence permit extension. Hardship exceptions apply in cases of domestic violence or death of the sponsor, where the 3-year threshold does not apply.
Does the Germany spouse visa cover same-sex couples?
Yes. Both §28 and §30 AufenthG explicitly cover same-sex marriages and registered civil partnerships on equal footing with heterosexual marriages. Berlin LEA references spouses and registered civil partners (Lebenspartner) throughout its service pages for both routes.
How long does the Germany spouse visa last?
The initial permit is typically issued for 1–2 years and is renewable. For §30 holders, the permit generally mirrors the sponsor's permit duration. There is no single statutory validity period — the Ausländerbehörde determines duration based on individual circumstances.
What if my Germany spouse visa application is rejected?
As of July 1, 2025, the free informal remonstration procedure at German embassies has been abolished. Rejections now require formal legal remedies — typically an immigration lawyer. Rejected applicants can file a case at the Verwaltungsgericht (administrative court). Thorough first-submission preparation is now more important than ever.
Does my spouse need to be physically present in Germany for me to apply?
Your German or foreign-national spouse must have their habitual residence in Germany for the §28 route — the German citizen cannot be permanently living abroad. For the §30 route, the sponsor must hold a valid qualifying German residence permit. Neither route requires the sponsor to accompany you to the Ausländerbehörde appointment, though they may be required to provide supporting documents.
What is a Fiktionsbescheinigung and when do I need one?
A Fiktionsbescheinigung is a provisional document confirming your stay is legal while your permit application is being processed. Americans need one when the 90-day visa-free window will expire before their Ausländerbehörde appointment is scheduled — common in Berlin. Request it immediately on arrival if this applies to you.
Can I bring my children to Germany on the spouse visa?
Yes — children's reunification is a separate process under §32 AufenthG (Kindernachzug) and follows its own rules. Children of German citizens have their own entitlement under §28(1) S.1 Nr.2 AufenthG. Children of foreign-national permit holders may require separate applications. The spouse visa itself does not automatically cover minor children.
German immigration terminology
Germany Spouse Visa glossary
Key German terms you will encounter throughout the application process.
| Term | Meaning and relevance |
|---|---|
| §28 AufenthG | Familiennachzug zu Deutschen — the residence permit for spouses and family members joining a German citizen. A statutory entitlement ('ist zu erteilen') when conditions are met. Notably more favorable than §30: income waived, settlement after 3 years, citizenship via §9 StAG. |
| §30 AufenthG | Ehegattennachzug — the residence permit for spouses joining a foreign national who holds a qualifying German residence title. Requires income proof and generally leads to the standard 5-year settlement path under §9 AufenthG. A1 German is required (§30 Abs. 1 S. 1 Nr. 2) but waived under Nr. 5 when the sponsor holds an EU Blue Card, ICT card, §§18a/18b/18c Abs. 3/18d/19c Abs. 1 permit, or §21 self-employment permit. |
| §31 AufenthG | Eigenständiges Aufenthaltsrecht — independent residence right for spouses after separation or divorce. After 3 years of cohabitation in Germany, the permit holder receives a 1-year independent extension. Hardship exceptions apply for domestic violence or death of sponsor. |
| §9 StAG | The statutory citizenship pathway for spouses of German citizens — citizenship after 3 years of lawful residence, provided the German spouse was a German citizen throughout the qualifying period. Separate from (and unaffected by) the abolition of the §10 StAG fast-track in October 2025. |
| Familiennachzug | Family reunification — the broad category of residence permits that allow family members to join a person already resident in Germany. Includes both §28 (joining German citizens) and §30 (joining foreign nationals). |
| Ausländerbehörde | Local immigration office where you apply for the residence permit after arriving in Germany. In Berlin: LEA (Landesamt für Einwanderung). Jurisdiction determined by your registered address (Anmeldung). |
| Anmeldung | Mandatory address registration at a Bürgeramt within 14 days of arrival. Required before applying for the residence permit. Your registered address determines which Ausländerbehörde handles your case. |
| Apostille | International document authentication under the 1961 Hague Convention. US marriage certificates and other official US documents need an apostille before German authorities will accept them. Issued by the Secretary of State of the relevant US state, or the US State Department for federal documents. |
| Fiktionsbescheinigung | Interim permit — confirms your stay is legal while your permit application is being processed. Request immediately if your 90-day visa-free window will expire before your Ausländerbehörde appointment. |
| §41 AufenthV | The regulation granting US citizens the right to enter Germany visa-free and apply for a residence permit in-country. Americans can apply at the Ausländerbehörde without first obtaining a D-visa from a German embassy. |
| Niederlassungserlaubnis | Settlement permit — permanent residence. Available after 3 years for §28 holders (spouse of German) or after 5 years for §30 holders. Does not expire once issued. |
| eAT | Elektronischer Aufenthaltstitel — the electronic residence title card with biometric chip. The physical form of the residence permit. Ready approximately 4–6 weeks after the biometrics appointment. |
| Eingetragene Lebenspartnerschaft | Registered civil partnership — same-sex registered partnerships recognized under German law and covered on equal footing with marriage throughout §§28/30 AufenthG. |
| Lebensunterhalt | Livelihood — the German legal concept of financial self-sufficiency. The 'secured livelihood' standard in §5(1) AufenthG is the income test for the §30 route. It is waived by rule for §28 (spouse of German citizen) applications. |
Verified data
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Sources & Verification
Last fact-checked:
Monitored sources
- §28 AufenthG — Familiennachzug zu Deutschen (LexMea)
- §30 AufenthG — Ehegattennachzug (buzer.de)
- §31 AufenthG — Eigenständiges Aufenthaltsrecht nach Aufhebung der ehelichen Gemeinschaft (dejure.org)
- §41 AufenthV — privileged-state nationals (dejure.org)
- Federal Foreign Office — Family Reunion visa (US-facing)
- Make it in Germany — Spouses joining non-EU nationals
- Federal Foreign Office — German Citizenship (StAG 2024 + §9 StAG)
- Berlin LEA — §28 (spouse of German citizen) service page
- Berlin LEA — §30 (spouse of foreign permit holder) service page
- Visaguard Berlin — Spouse Visa Germany
- Visaguard Berlin — Divorce residence right (§31 AufenthG)
- MTH Partner — Language skills for §28 AufenthG
- BAMF — Spouse Reunification leaflet (English)
- RT & Partner — 2025 coalition agreement citizenship provisions
- Handbook Germany — Independent residence title (§31 AufenthG)