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What should I do if the immigration authorities block family reunification?
- VISAGUARD Sekretariat
- Sep 18
- 3 min read
For many skilled workers in Germany, the primary goal is to bring their families over as quickly as possible ( family reunification ). A residence permit—for example, in the form of an EU Blue Card —is usually issued quickly. However, the situation is quite different when it comes to family reunification: long waiting times, hardly any appointments available, and unclear rejections by the authorities (see also our article on processing times for family reunification ). This is not only frustrating, but also difficult for many affected individuals to understand legally.
Family reunification is politically blocked – despite clear legal situation
While skilled worker visas are processed with priority and preferential treatment , this unfortunately does not apply to family reunification. Family members often have to wait months or even years. Appointments at German diplomatic missions abroad are rare, and applications are processed slowly. Even more problematic: In many cases, the responsible immigration authorities refuse to approve family reunification – sometimes with barely comprehensible reasons. The reason often lies less in the individual case than in a fundamental political attitude: Family migration of skilled workers is simply not wanted and is thwarted by administrative means. The right to family reunification is clearly enshrined in law – yet it is being effectively undermined.
Rejection by the immigration authorities – what does this mean legally?
After months of uncertainty, many skilled workers suddenly receive a direct rejection from the immigration authorities – by email or letter. Confusion is rife: Has the visa finally been rejected? What happens now? It's important to understand that the visa process is formally handled by the German diplomatic mission abroad – i.e., the embassy or consulate. The immigration authorities in Germany are only involved internally by commenting on the visa issuance. However, this internal approval is not an administrative act with external effects – even if the immigration authorities communicate directly with the applicant.
This means that if the immigration authorities refuse approval, applicants must file a lawsuit against the embassy, not the immigration authorities . Because the embassy is the only authority that has the final say in the visa process.
Which lawsuit is the right one? And how does the process work?
If the embassy expressly refuses the visa, for example because the immigration authorities have not agreed, an action for annulment in the form of a counterclaim against refusal is possible. the appropriate legal remedy . However, if a decision is simply not made for months—which also happens frequently—those affected can file a lawsuit for failure to act. These two types of lawsuits are always directed against the embassy. In the subsequent court proceedings, the immigration authorities are then included by the administrative court as a so-called "joined party." This means that they must justify their decision in the court proceedings—and may be required to consent to it if necessary.
Conclusion Rejection of consent to family reunification
Even if the immigration authorities' rejection of family reunification initially seems like the final straw, there are clear legal ways to defend yourself. The key is not to remain inactive and to choose the right legal step: filing a lawsuit against the embassy. A refusal of approval by the immigration authorities is merely an internal step that is not legally binding. Those who seek legal advice early on and are not deterred have a good chance of successfully completing the visa process for their family—even against the authorities' resistance.
