Late resettler (Spätaussiedler) status is defined by § 4 of the Federal Expellees Act (BVFG) and is granted to persons of German descent who meet the requirements set out in the law. This status remains one of the pathways to moving to Germany for people whose families historically lived in the territories specified in the law.
Eligibility Criteria Under § 4 BVFG
- an age requirement — born before January 1, 1993 (for the principal applicant);
- German ethnicity, confirmed by descent, upbringing, or cultural identity;
- permanent residence in the territories specified in § 1(2) No. 3 BVFG;
- German language proficiency sufficient to pass the language test.
The Language Test (Sprachtest)
The language test is administered by the Bundesverwaltungsamt (BVA) or authorized organizations and assesses the ability to hold a simple conversation in German. For the principal applicant, the required level corresponds to roughly B1 on the Common European Framework.
The language test is one of the most common reasons for refusal, so it's worth preparing for it well in advance rather than treating it as a formality.
The Status Application Procedure
- checking eligibility under § 4 BVFG;
- language testing through the BVA;
- submitting the application to the Bundesverwaltungsamt;
- receiving the Aufnahmebescheid — the official admission decision;
- moving to Germany and being assigned to a federal state.
Including Family Members (§ 7 and § 27 BVFG)
The spouse and direct descendants of a late resettler can be included in the Aufnahmebescheid provided they have basic knowledge of German. Their status is governed by § 7 BVFG — separate from, but inseparably linked to, the principal applicant's status.
Acquiring Citizenship
Persons recognized as late resettlers under § 4 BVFG acquire German citizenship under § 7 StAG — on the basis of a certificate (Bescheinigung) issued under § 15 BVFG during the registration process.
Appealing a Refusal
If a decision is negative, the applicant can file an objection (Widerspruch) with the BVA, and, if necessary, appeal the decision before the administrative court. Deadlines for appeal are limited, so it's worth seeking legal advice as soon as possible after receiving a refusal.
Conclusion
Recognition of late-resettler status requires careful preparation of evidence of German descent and early completion of the language test. We support applicants at every stage — from an initial eligibility assessment to appealing a BVA refusal.
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