We only feel the beauty of our native tongue
when we hear it under foreign skies!
B1/B2 Language Certificate Requirements
To obtain late resettler status, an applicant must prove German proficiency at a native-speaker level (Section 6 BVFG) — exemption from the test is possible only on medical grounds.
George Bernard Shaw
German immigration law is one of the main areas of practice at our law firm. Among other things, we frequently provide legal support to clients returning to their historical homeland in Germany under the "Late Resettler" program. This program allows ethnic Germans, as well as persons of German nationality who left their homeland during or after the Second World War, to obtain German citizenship. As we have written before, there are specific requirements and prerequisites that must be met to acquire this status. The principal law governing these requirements is the Federal Expellees and Refugees Act (Gesetz ueber die Angelegenheiten der Vertriebenen und Fluechtlinge), known for short as the Bundesvertriebengesetz (BVFG). Our regular readers likely already know what it takes to move to Germany from Russia as a "late resettler." It is no secret that one of the key requirements for obtaining confirmation of German ethnicity (deutsche Volkszugehoerigkeit) is the so-called commitment to the German people (Bekenntnis zum deutschen Volkstum), which, under Section 6 BVFG, is evidenced by factors such as language, upbringing, and culture. An applicant must demonstrate basic knowledge of German and provide proof of proficiency at the required level, at minimum a Goethe-Zertifikat B1 (under the six-level Common European Framework of Reference for Languages). This level implies fairly confident command of German, the ability to hold everyday conversations, write simple letters, and understand general information without specialized terminology.
As is well known, every rule has its exceptions. In this case, minors, persons with disabilities, and persons with an illness that prevents them from learning the language or makes testing impossible are exempt from taking the language test. More lenient conditions are also granted to elderly applicants aged 65 and over. In 2013 Germany enacted, and still applies today, a law allowing previously rejected late-resettler applications to be reconsidered. Anyone planning to "return" to their homeland under the Late Resettler program should therefore know that a refusal for whatever reason is not necessarily the end of the road. In this article we describe one interesting case from our practice, in which even our own client barely believed anything could still be fixed.
A middle-aged man — let's call him Yevgeny — once came to our law firm. In need of additional social support and proper medical treatment, he had long dreamed of moving to Germany. It would seem that every prerequisite for moving to Germany under the Late Resettler program had been met, save for one "but." As our client told us, he had started handling the move himself about five years earlier. His German at the time left much to be desired. Matters were made worse by the fact that, after his application had been submitted for review, his mother fell gravely ill. Doctors gave no positive prognosis, and instead warned him that she did not have long to live. Yevgeny spent a great deal of time with his dying mother. Sadly, there was no time left to prepare for the test. His mother's death was unfortunately followed by further misfortune: the relatively young man suffered a stroke, the effects of which severely impaired his memory and speech. As a result of failing to appear for testing at Germany's Federal Office of Administration for resettler affairs (BVA) and entirely ignoring the BVA's invitations, his application for resettlement was refused review.
Having recovered somewhat after this period of difficult life trials, Yevgeny, on the advice of a friend whom we had professionally helped move to Germany, came to our law firm. Having carefully listened to our client and reviewed the case file, we resolved to do everything we could to help him. We submitted an application to the BVA, on our client's behalf, to reopen the proceedings (Antrag auf Wideraufgreifen des Verfahrens). Furthermore, since his illness was only progressing, taking the test was simply not a realistic option for Yevgeny. In our application for late resettler status, we therefore asked that our client be exempted from the test. Unfortunately, we again received a flat refusal on the same grounds — that the applicant supposedly did not wish to cooperate with the BVA regarding his resettlement to Germany.
As the French philosopher and writer Jean-Paul Sartre aptly put it: "How agreeable it is to give way to despair. It gives one the right to sulk at the whole world." In agreement with our client, we decided to "fight to the end," and once every option before the BVA had been exhausted, we chose to challenge the authority's decision in court. Our firm's attorney presented a well-reasoned case that our client was unable to take the language test. At the hearing, our client's attorney explained that, at the time Yevgeny was first summoned, his mother was dying. He subsequently suffered a stroke, the serious effects of which persist to this day. Taking a language test to establish his commitment to the German people was therefore simply not possible. All supporting medical certificates and other documents were gathered and submitted to the court in full. To our shared relief — and professional pride — the court soon issued a favorable ruling. Under this ruling, the BVA no longer had the right to refuse our client's application on purely formal grounds. If Yevgeny visits the relevant physician providing medical care at the German Embassy in Russia, and that physician confirms his condition and inability to successfully complete the language test, he will be exempted from the exam. Moreover, provided every other requirement is met, he now has every chance of obtaining a German passport in the near future. We will continue working on Yevgeny's case and pursuing a positive outcome.
This case holds an important place among our firm's successes, as it once again confirmed to us that one should never give up, even in the seemingly most hopeless cases. With proper professional preparation, years of experience handling complex cases, and a strong will to help, mountains can indeed be moved. As we have mentioned in previous articles, every immigration case is unique, and there are no one-size-fits-all solutions here. Our attorneys are used to examining every last detail, using every available means to offer you the solution best suited to your specific situation, and seeing the case through to a successful conclusion.
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