Visa ruling: Language certificates do not expire and remain valid

In our legal practice, we repeatedly observe in visa law that formal requirements are stretched too far and interpreted to the detriment of applicants. A recent ruling by the Higher Administrative Court of Berlin-Brandenburg on September 26, 2025 (Case No. OVG 3 S 60/25) provides an important corrective in this regard – and is likely to be of considerable significance to many affected individuals. The court clarifies that a language certificate several years old cannot be categorically rejected on the grounds that the language skills have since "faded."

Is the language certificate too old for the visa?

Specifically, the case involved a Senegalese national who had applied for a visa to join his German wife through family reunification . He submitted a language certificate obtained in 2021. The German Foreign Office argued that the language skills demonstrated at that time were no longer reliable without ongoing language practice and demanded a new language test. The Berlin Administrative Court accepted this argument in the first instance. However, the Higher Administrative Court has now significantly overturned this view, finding the authorities' rejection to be based on an overly general and unsustainable justification .

Good exam performance does not automatically lose its significance.

The Higher Administrative Court (OVG) emphasized that the plaintiff had not only barely passed the language test, but had achieved a good result of 86 out of 100 points. Such a level of performance did not automatically justify the conclusion that language skills had completely disappeared after just a few years. The blanket assumption of automatic language loss was therefore insufficient to justify a lawful visa refusal. Furthermore, another crucial point was raised: the lengthy delays in the visa process were largely caused by the German authorities themselves . Against this backdrop, the court found it all the more incomprehensible why the plaintiff should now be "punished" for bureaucratic delays with another language test. From a legal perspective, this conclusion is almost inevitable, as otherwise the authorities could, through mere passivity, repeatedly request new documents and thus render a visa application impossible.

Court: Visa also possible with old language certificate

The Higher Administrative Court, by way of a preliminary injunction, ordered the Federal Foreign Office to issue the visa for family reunification – subject to a renewed security check. The plaintiff thus received preliminary relief and was able to realize his family reunification . From a legal perspective, this decision is extremely important. It sets limits to an administrative practice that increasingly relies on formulaic rejections. Language skills must not be devalued solely due to the passage of time. Rather, an individual assessment is required that takes into account the level of proficiency, the length of the application process, and the responsibilities involved.

For those affected, this means that even older certificates can still be fully valid – especially if they were obtained with good results or if the delays in the process were not their own fault. For authorities, the ruling sends a clear signal that blanket arguments will not hold up in court.

Conclusion: Old language skills are valid (visa procedures)

The decision of the Higher Administrative Court of Berlin-Brandenburg exemplifies the importance of sound legal enforcement in visa proceedings. Erroneous or formulaic rejections do not have to be accepted. Especially in cases of family reunification , which concern the fundamental right to family life, the requirements for the official justification are particularly high.

At VISAGUARD, we regularly assist clients in precisely these situations – from the initial application to legal enforcement. This decision significantly strengthens the rights of applicants and creates greater legal certainty regarding language certificates in immigration law.

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