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I am and my husband is non-EU citizen. I work in Germany with the EU Blue Card as an IT Specialist since April 2019 and then 7 months later I got married (It means; first I started to work with Blue Card and then I got married). My husband applied for EU Blue Card Family Reunification but the officer refused the application (processing is delayed). She did not accept my husband's application as a Blue Card Family Reunification visa claiming that we were married after I received the Blue Card. She said that our family reunification visa process will be processed like an ordinary work permit, not an EU Blue Card. The officer gave us a 3-month additional time, stating that the application process would only be re-processed if my husband brought a German certificate at the A1 level and she held back the visa application process.

Questions:

  1. We would like to know if the officer's visa application was correct or incorrect.
  2. Do we need to get a German A1 certificate in our case?
  3. If this application was incorrect, do we have any chance to fix it at the German Consulate?
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Do you actually have an EU Blue Card Visa, i.e. does the stamp say EU Blaue Karte? Check what type of visa you had received. It is possible that you have a §4 BeschV type visa meant for managers and specialists (colloquially called Specialist Visa). This is typically what they issue to IT specialists with no university diploma or diploma that isn't directly related to IT. In that case, the embassy officer is right, sadly.

On the other hand if you do 100% have EU Blue Card then you should file a formal complaint as you have legal right to marry anyone you want at any time and your partner is eligible for visa with no language requirements. Once he arrives, the foreigners office still often require A1 but he can attend the course and pass the exam while in Germany with you.

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    This seems quite plausible, but some sources to back it up would make it a much better answer.
    – phoog
    Jan 26, 2020 at 16:39
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    @phoog, this is defined by AufenthG law, Section 30, i.e. 'Subsequent immigration of spouses', points 3f and 3g. It's a German federal residence act. I live in a 3rd country and the 'Specialists' Visa, i.e. the §4 BeschV one is often confused with the BlueCard - the biggest difference is exactly the lack of flexibility in regards to spouse reunion. It's a big turn off and one of the reasons Blue Card was created in the first place.
    – bokibeg
    Jan 27, 2020 at 17:36
  • Could you edit that into the answer? Comments are not searchable, are subject to capricious deletion by moderators, etc., etc.
    – phoog
    Jan 27, 2020 at 17:50

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