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Visa Questions

Re: Family Reunion Visa - Is this a means to deter foreigners from working

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I have been married 10 years have 2 kids and have all papers including endorsements on passports, marriage certificate etc etc etc.

I came to Germany on employment in Oct 2009. My wife (though has Masters) has been preparing for German A1 exam already for 3 months when I arrived in Germany. She cleared the language exam and applied for Family visa in early Nov 2009. Embassy got all papers and started visa process. After 2 months and tons of more documentation from me (in Germany), the ABH said that they have approved the visa and my family should hear from embassy soon.

Embassy got back after another 10 days saying they needed to do investigative verification. Till this date ABH said that they did not ask for any verification while embassy says that this was requested by ABH ! ANd ofcourse there is no way they will talk to each other directly...ABH says that as far as they are concerned my family is already here !

Anyways we applied for the investigation with required fee and another load of documents which we have in abundance emoticon ... At the time of submission the lady at window said that it will take 6-8 weeks to get visa...

It has been 10 weeks since...I do not get reply to my email enquiry from embassy...the responsible person does not seem to be on his seat when I call up...so no information what so ever.

If we consider the German language preparation time it has been almost 8 months for a visa !!!

This has been a taxing time for me and my family ...not sure what to do...

Give or take a week or 2 I will go back to my family...

Just an advice for anyone who is planning to visit Germany for work...Please apply and get your whole family visa before you arrive in Germany... else you would waste a beautiful 1 year of you life and miss out on seeing your kids grow ...
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
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3/25/10 11:33 PM as a reply to sachin gupta.
Excellent Post.. Eye opener
I síncerly wish you that your family reunites quickly if not in Germany.

Parallels can be drawn to Führerschein, idea is to Curb it by making it very very expensive
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
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3/26/10 2:56 AM as a reply to sachin gupta.
Indeed its very sad! I am not sure how German embassy treats in other countries. But so far I know, they do not treat very well in south-east asia!
Just think a German wants to work another part of the world. And his/her spouse has to learn the local language (e.g. non latin) before securing the visa with a refusal risk. Just imagine, they have to get married to bring their spouse with them and that has to be verified with some extra fees.... Sometimes thinking why there is double standard!!
Anyway, personally I like this Language learning or integration stuff... but dont like the current system. What's wrong if someone learn it here once they arrive in DE?? It would be noted that German language school is not available each and every corner of the world!!
German authority should do something...
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
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3/26/10 12:31 PM as a reply to sachin gupta.
I agree with you. It took 7 months for my wife, german language and exam and then investigation, visa etc. They make this investigation just for money and nothing else. One officer in ABH confirmed it to my friend.

Atleast they can make some changes to these rules
1)Investigation after coming here. If negative, they can send back.
2)language after coming here. They dont extend visa if not enrolled/passed exam.
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
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3/26/10 1:14 PM as a reply to sachin gupta.
The german rules and regulation are not aware to an expatriate during the application, even most of the company itself dosent know the expatriate rules.. how a person can know these rules before relocation, quite often we use to visit the german consulate websites regarding the procedure . beware many hidden rules are not aware of any one .. all in german data base.. alteast they have to inform us during application ...

my case is entirely different: link http://www.trust7.com/en/foren/visa_questions/spouse_visa_rejected_advice
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
Answer
3/26/10 1:31 PM as a reply to sachin gupta.
Its sad that it takes about 6-8 months to process a dependent visa.

Recently i applied for dependent visa and i have very positive experience and entire process is finished in 6 weeks.
I had stuied here are working for 4 yrs. may be it helped in securing the visa fast.



As said by Kewlbuddy

1)Investigation after coming here. If negative, they can send back.


It will be still hard for family when sent back after coming here.

language after coming here. They dont extend visa if not enrolled/passed exam.


Its already implemented like the integration courses. The A1 level knowledge is just the minimum requirement.

The german rules and regulation are not aware to an expatriate during the application, even most of the company itself dosent know the expatriate rules..

It's true that expatriate rules are very confusing. company itself might not know the rules as they dont have any expert specializing in expatriate rules except the big ones. So the expatriates should be well aware of the rules especially coming with families.

Before deciding to relocating to Germany hiring a lawyer specializing in immigration law can help.
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
Answer
3/26/10 5:59 PM as a reply to sachin gupta.
Way back in year 2000, The german consulate employees in India were happy as there was no rush of Indians going to Germany. I came with my wife here as a student and the only question she raised us ' How come you are married, being so young' ?. As we were adults and the law admits that, the answer was straight forward and i told that i could not live my life without my wife. The visa was stamped and we did arrive without any burden.

Currently, applications from India have increased multi-fold, with the same capacity of staff at the consulates. I am working in the federal government and also in some counsultation groups inside the European Commission related to Science, technology and Education and i know (authentically)that Asian students producing fake documents want to enter in masses to Europe at any cost. Now, there is a law under the EU that only 3 applications from master program must be made by a student or else he/she will be debarred from European Masters program. Some students apply to 80 programs a year and they somehow get 1-2 offers from small insitutions. So there is a start of 'illegal immigration' without streamlining process. Especially, one state in India apply's maximum to European Insitituions. This problem is not only with India but with all Asian/African countries

In this context, some 'braindead' officers started to streamline the whole process and unfortunately streamling went eventually also to family re-union visas. It is really horrible to live a life without your family and kids and the pain of seperation is less known to these narrow minded officers who live comfortably with their families.

If i where you missing kids and family for over a year, i would have met the Mayor of your town and would have described the situation. You are a qualified citizen, paying all your taxes and living a life without being treat to others, so why should you suffer? You also have rights to appeal and right to question as a human being!!

Just be strong, affirmative, and effective in your communication. Ask them questions, if necessary speak with their bosses. Be 'Real' and do not fake!! If this still leads to no progress, meet some politician in your area and he will fast forward your case. Politicians are not bad as we think:-)

Wish you good luck!!

Regards
Rajesh
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
Answer
4/5/10 2:48 AM as a reply to sachin gupta.
I like to briefly comment on the "investigation procedure" as it leads to a lot of frustration as is evident and expressed in this thread.

The practise of the German embassy to let a private detective descend upon the applicant´s premises and beyond and have the applicant pay for it raises a lot of serious legal questions. To be sure, the embassy has a legitimate interest in ensuring that no fraudulent application succeeds. But in my eyes, with respect to the serious encroachment in to the privacy of the applicant, there is no sufficient legal basis for a categorical and mandatory "investigation process" in each case regardless of other furnished proof and documents. This whole idea that the applicant has to cash out extra money for a private detective is alien to German law. And it is German public law that is supposed to govern the application process.

Among the many questions that flare up, are:

On whose behalf is the detective going to be active, in other words, who is the client of the detective?

What is the legal basis for the detective to invade the privacy of the applicant? Who gives him the right to ask personal questions in the neighbourhood, going door to door, sifting through personal letters, in short, infringing the personal rights of the applicant? This question becomes even more prevalent assuming that the Federal German Republic represented by the Consular is the client of the detective. The detective would then be the prolonged arm of a German public office. It is established constitutional law that any intrusion into the personal sphere of individuals by the German branch of government has to be based on an explicit empowerment in form of a formal and precise law.

Who, by the way, lays down the procedure how the detective should carry out his investigation? Are there any guidelines, i.e. operating procedures or is the detective a law unto himself?

Is the detective documenting his moves and writing a detailed investigation report on the applicant's marriage? What happens to the personal data that the detective accumulated during his investigation? Is it destroyed afterwards or shelved for further reading?

Does the so called detective get all of the fee or is there a service deduction on part of the Consular? Is the amount of up to 15.000 INR an appropriate and reasonable fee for a detective carrying out a marriage investigation? Who has come up with the amount of the fee? Who of India's private detectives are enlisted in this lucrative business? Are there special procurement procedures? Is there pressure on the detective, who is understandably anxious to retain his position as an appointed detective, to come up with "negative" cases in order to add to his credibility?

Are the findings accessible and are they fully disclosed to the applicant?

Now, there is undoubtedly several more unanswered questions that spring to mind the more you think about it.

In the final analysis it will be for the German courts to rule on the legality of this procedure. A possible scenario could be that a visa applicant decides to take the German Government to court demanding back the fee for the detective. Maybe then, some day in the future, a German court will come up with a ruling affirming the suspicions of this dubious practise or laying them to rest.

...
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
Answer
8/3/10 4:10 PM as a reply to sachin gupta.
I can throw some light on the "marriage-verification" process by these detective. Earlier this year, I had to pay 9000 INR to embassy for the verification. After ~6 weeks a kolkata highcourt lawyer comes to my home (in ranchi, jharkhand) and identify himself and the motive for his coming. He demands the degree certificates for both my wife and myself. he keeps the copy of it. in addition he asks for marriage photos and marriage invitation cards as a proof. For a residential proof, he demands for a telephone-bill.

Later he goes to the office of the marriage registarar, which issued the marriage certificate to confirm that the marriage certificate was indeed issued by their office. After this he returns back.

During the visa stamping at the embassy, I received back all the documents & photos which the detective took.


Also is there any law stating the details or requirement for "family relocation" like "family reunion"??
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Re: Family Reunion Visa - Is this a means to deter foreigners from working
Answer
8/4/10 7:16 PM as a reply to sachin gupta.
according to my knowledge family reunion visa is applicable , there is no family relocation visa. both visa term refers same.. it only pretend to the time of relocation.

if an employee wants to bring his family during his relocation to germany, indeed his wife has to apply family reunion visa along with husbands employment visa ....
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