Expediting Family Reunification: The Vorabzustimmung (Advance Consent) of the Immigration Authority

The Vorabzustimmung is a preliminary review carried out by the competent immigration authority (Ausländerbehörde), the result of which is forwarded directly to the German diplomatic mission in the home country of the person seeking to join their family in Germany.

It is important to understand that the Vorabzustimmung is not a visa and does not confer the right to enter Germany. The final decision on the visa remains with the embassy or consulate — even where the immigration authority has already granted its consent. The Vorabzustimmung functions instead as a procedural mechanism designed to accelerate the overall application process.

In principle, anyone pursuing family reunification in Germany may apply for the Vorabzustimmung. The Residence Act (Aufenthaltsgesetz, AufenthG) and the Residence Ordinance (Aufenthaltsverordnung, AufenthV) provide for several distinct situations:

• Entitlement to a residence title: Persons with a legal entitlement to a residence title under Section 28, Section 30, or Section 32 AufenthG — covering reunification with German nationals, spousal reunification, and child reunification — may apply for the Vorabzustimmung.
• Accelerated skilled worker procedure: Where an accelerated skilled worker procedure (beschleunigtes Fachkräfteverfahren) is being conducted under Section 81a AufenthG, Section 81a(4) AufenthG also allows the family reunification visa for the spouse and minor children to be expedited within the same procedure. The accelerated procedure is initiated by the employer with the competent immigration authority and requires the active cooperation of the skilled worker.
• Public interest: Under Section 31(3) AufenthV, a public interest may also form the basis for a Vorabzustimmung — for example where the person seeking to enter Germany intends to apply for a residence title under Sections 18a, 18b, 18c(3), 19, 19b, 19c, or 21 AufenthG, or where there is an urgent, substantiated individual case, such as the need to care for a relative living in Germany.
• Discretionary application: Those who wish to accelerate the application process may also apply for the Vorabzustimmung without necessarily falling under one of the categories described above.

Please Note: The Vorabzustimmung “may” be granted — it is not guaranteed. The decision as to whether consent is issued always rests with the authority. A Vorabzustimmung procedure should therefore only be pursued in cases where it can reasonably be expected that the authority will decide in the applicant’s favor.

The following documents are generally required when applying for the Vorabzustimmung:

• Declaration of commitment (Verpflichtungserklärung) for the issuance of the Vorabzustimmung
• Valid passports of both parties — the person seeking to join their family and the person already residing in Germany
• Proof of the family relationship — for example a birth certificate, marriage certificate, or family register extract
• Proof of financial means — for example an employment contract and pay slips from the last three months (where required)
• Language certificate: at least A1 level (basic proficiency) for spousal reunification; C1 level (advanced proficiency) for children over the age of 16 (where required)
• Proof of adequate housing — for example a rental agreement (where required)

The declaration of commitment (Verpflichtungserklärung) required for the Vorabzustimmung is subject to a fee of €29 per person under Section 47 AufenthV. The subsequent visa procedure incurs a further fee of €75. Additional costs may arise for document translations or official authentication.

According to the Federal Foreign Office (Auswärtiges Amt), processing at the immigration authority typically takes one to two weeks; in individual cases, the procedure may extend to up to three weeks, particularly where extensive documentation must be reviewed or where the approval of the Federal Employment Agency (Bundesagentur für Arbeit) is required.

Once the Vorabzustimmung has been issued, applicants generally receive an appointment for their visa application at the competent diplomatic mission within three weeks — considerably faster than is typically the case without the Vorabzustimmung.

The Vorabzustimmung, together with the declaration of commitment, is valid for six months. Within this period, the visa must be applied for and issued. If this deadline passes without a visa having been granted, a new Vorabzustimmung will be required. This deadline should therefore be tracked carefully from the outset.

The Vorabzustimmung of the immigration authority is a valuable tool for expediting the visa procedure in the context of family reunification. It achieves its full effect only where all required documents are complete and the diplomatic mission in the applicant’s home country confirms the decision of the immigration authority.

The immigration law specialists at Schlun & Elseven support clients at every stage of the procedure: from assessing the applicable legal basis and preparing a complete set of documents, through filing the application with the competent immigration authority, to representation in the visa procedure before the German diplomatic mission. As a full-service law firm with extensive experience in immigration and residence law, Schlun & Elseven provides not only legal advice but also practical support in a procedure that for many families comes with considerable pressure and uncertainty. Our immigration lawyers are available at any time for an initial consultation.