The number of so-called "late resettlers" (Spätaussiedler) keeps rising every year. This growth is reflected in statistics published by the Federal Administrative Office of Germany (Bundesverwaltungsamt – BVA) on its official website. For example, in 2016 the number of resettlers reached 6,588 people — more than double the 2013 figure.
The legal rules governing these relationships are set out in the Act on the Affairs of Displaced Persons and Refugees, the Gesetz über die Angelegenheiten der Vertriebenen und Flüchtlinge, known for short as the Bundesvertriebenengesetz (BVFG). This law clearly defines every precondition for recognizing an applicant as a late resettler. Under the legislator's design, German ethnicity (deutsche Volkszugehörigkeit), determined by parental descent, is an important but by no means the only condition for admission as a late resettler. Equally significant is so-called affiliation with the German people (Bekenntnis zum deutschen Volkstum), which under § 6 BVFG is evidenced by markers such as language, upbringing, and culture. Accordingly, one key precondition for recognition as a late resettler is knowledge of German, which is verified through standardized language tests. Applicants must prove a foundational command of German, confirming proficiency at least at the Goethe-Zertifikat B1 level (on the six-level Common European Framework of Reference for Languages scale). Being able to recite a few memorized words or phrases is not enough. Proficiency is considered sufficient if the candidate can understand speech directed at them, answer questions, and sustain a conversation.
B1/B2 Language Certificate Requirements
To obtain late-resettler status, an applicant must prove the ability to hold a simple conversation in German (§ 6 Abs. 2 BVFG) — exemption from the test is possible only on medical grounds.
So before filing an application for late-resettler status, brush up thoroughly on your German to avoid disappointment later — insufficient German is by far the most common reason applications are rejected. Roughly one in five refusals is currently based on this ground.
The same thing happened to our client, a young woman from Russia, Margarita N. (name changed). She had already begun gathering the documents needed for her application and was actively studying German — attending courses and working with a tutor. But on exam day, something deeply unpleasant happened. During the language interview she became extremely anxious, suffered a sudden seizure, and was taken to hospital by ambulance. Naturally, she failed the interview and was refused on that basis. The seizures then began recurring every few weeks. Each episode required an ambulance, all documented, and doctors began suspecting something serious and persuaded her to undergo examination. After a series of tests, she was diagnosed with symptomatic focal epilepsy — a first-time diagnosis for her. Doctors strictly forbade any stress and prescribed medication. But Margarita had plenty to worry about. Above all, she still dreamed of moving to Germany, yet the very medication she needed undermined every further attempt at learning the language. The side effects were unmistakable: she could no longer concentrate, tired quickly, absorbed information poorly, and — worst of all — her memory deteriorated significantly, to the point where she could barely retain anything. And memory plays the single most important role in language learning. She could not simply stop the medication, since epilepsy is a chronic neuropsychiatric condition marked by sudden seizures caused by multiple foci of spontaneous neural excitation.
When Margarita realized she could not handle this alone, she found us. In tears, she asked us to help find a way forward — she was still in the middle of her medical workup at the time. We reassured her and began developing a plan of action. Our first step was to contact the Federal Administrative Office of Germany (Bundesverwaltungsamt, BVA) and request that the proceedings concerning our client be reopened, along with the current status of her file and all related records.
In its reply, the authority informed us that on her first attempt, our client had shown a very low and insufficient command of the language and had therefore failed the test. She was, however, offered one further opportunity to retake the language test at the German embassy, though not before six months had passed — or alternatively, she could submit a B1-level certificate obtainable from one of the Goethe-Institut examination centers.
Since our goal was to secure a full exemption from any language test on health grounds, we asked our client to forward every medical record confirming her condition, which she did. The medical documents were translated and certified. We then submitted, together with all supporting documents, a petition to the authority requesting that Margarita be granted an exceptional exemption from proving language proficiency and from sitting the corresponding test, given her serious illness. Our petition relied on § 6(2) of the Act on the Affairs of Displaced Persons and Refugees (BVFG). Under this provision, an exceptional exemption from the test is possible where the applicant for late-resettler status is unable, due to mental, psychological, or physical limitations (with reference to § 2(1) of Book IX of the Social Code — Sozialgesetzbuch IX, SGB), to undergo the language interview and provide proof. We also pointed out that our client met every other precondition for late-resettler status.
The Federal Administrative Office of Germany, however, took a different view. In its assessment, the medical records provided did not establish that this particular form of the condition affected the applicant's language ability in any way, nor did the medical opinion rule out her acquiring the necessary language skills in the future. And although the frequency of her epileptic seizures was scientifically confirmed, the authority held that it could not be stated with certainty that further language learning would be impossible on account of her mental and physical limitations. Indeed, the medical records did not go that far — they merely stated the diagnosis and listed the medications she was taking.
Even so, the authority failed to account for the fact that, with this type of condition, regular medication is essential to prevent seizures — and, as is often the case, such medication carries significant side effects. In our client's case, one such consequence was a sharp and long-lasting decline in memory. In most cases, epilepsy medication must be taken for life. There is hope that seizures may eventually stop and a person may fully recover, but that can take years to materialize.
We therefore submitted a further petition to the Federal Administrative Office, once again setting out in detail every symptom of the condition and the consequences of the anti-epileptic medication. Since sufficient language proficiency can also be demonstrated through a personal interview, we requested that the interview be conducted in a simplified format for our client, relying above all on the memory impairment caused by her medication.
Fortunately for Margarita, after reviewing the petition the authority agreed and informed us that her interview would, as an exception, be conducted in a simplified form, with particular attention paid to her state of health during the interview. A date was then set for the interview. Margarita continued attending her language courses throughout this period to keep improving her German. On the day of the interview, she had little reason to be anxious — it went smoothly and quickly, and her situation was met with genuine understanding. She passed the test, received her "Certificate of Admission" (Aufnahmebescheid), and was subsequently able to move to Germany and obtain German citizenship.
Had Margarita not turned to us for help, she might never have realized her dream. We therefore recommend that in such difficult situations you always consult experienced lawyers who can correctly assess your legal position and find a way out of what may seem like a hopeless situation.
Frequently Asked Questions
Can you be exempted from the German language test for late-resettler status?
Yes — § 6(2) BVFG allows an exceptional exemption from the language test if the applicant is objectively unable, due to mental, psychological, or physical limitations, to undergo the interview. This must be substantiated with a detailed medical opinion, not merely a diagnosis note.
What if a medical certificate doesn't provide enough justification?
Ask the doctor to supplement the opinion with a specific explanation of how the condition affects the ability to learn a foreign language — that is the level of detail the Bundesverwaltungsamt requires before granting an exemption or a simplified interview.
Can you request a simplified interview instead of a full exemption?
Yes — if the authority declines a full exemption, you can request a special, simplified interview format that takes the applicant's health into account. That compromise is exactly what led to success in the case described here.
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