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RE: Spouse visa rejected

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Rajat D Patel

Rang: Youngling

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Eintrittsdatum: 18.07.13

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Spouse visa rejected

29.07.16 11:09 Status: Entwurf

Dear All,

I am a Post Graduate Student holding a resident permit under § 16. My wife applied for a family reunion visa, which was unfortunately rejected before a month. Below is the sequence of events.

Before the application, I asked rechtberater (an experienced Anwalt offers free services to Uni Students) and Ausländer Behörde whether my wife can join me in Germany. Both replied positively and advised to fulfil two requirements 1. Accommodation. 2. Financial . But they advised me to ask to embassy for further guidance about financial obligatons.

I wrote an e mail to visa section, Mumbai embassy and got a reply that I can prove financial ability by “Verpflichtungserklärung” or “blocked account”. I went on with “Verpflichtungserklärung”.

Application submitted : Last week of June
Merriage Verification carried out: 2nd week of August

Then a month later'(3rd week of Sept), I enquired at ausländer behörde about the status. Next day I got an e mail form visa section Mumbai about A 1 Certificate. In reply I wrote them an e mail that My resident permit as a student is not a long term resident permit,thus whether my wife can be exmpted from the A 1 as per guideline on the embassy website.
http://www.india.diplo.de/contentblob/3255516/Daten/3281068/Visa_Family_Reunion_Proof_GerLang_downld.pdf.

After 2 weeks, a rejection letter was sent to my address (bearing the same date on which I wrote the last email). The reason is “ Means of subsistence in long run were not insured. The consideration of a blocked account is hence not possible. “ it also states that my salary is too low and A1 certificate is not submitted. A recommendation is also there : "you are recommended to apply afresh as soon as your husband completes his studies and start full time work."

1.       “Means of subsistence..”..I guess it is about financial requirements. In this case I acted in line with their guideline as I wrote them prior to the application.

2.       I wrote an e mail to BAMF about language requirement. They replied: “Da es sich hier nicht um einen Nachzug zum dauerhaft in Deutschland lebenden Ehegatten handelt, werden sicher keine Sprachkenntnisse von Ihrer Ehefrau gefordert.“

3.       I know DAAD scholarship holders (receiving approx 1100.00 € per month) possessing resident permit under § 16, having brought spouse in Germany under family reunion visa.

Now what option do I have ??? (The rechtberater and ausländerbehörde now can not help me as visa is rejected by Consulate General Mumbai )

1. Can my wife remonstrate ??
2. Should I hire an immigration lawyer or is it a waste of money ? (Initially being a student and considering financial constraint I chose to do everything myself. )
3. Apply for language visa ? ( Are the chances of rejection gets higher for this now ? )
4. Apply for a visitor visa ? ( Are the chances of rejection gets higher for this now as well ? )
5. Wait untill I finish my study.
6. Any other option

I almost read all the post about spouse visa. In my case I am a student and I couldn’t find a similar case on Trust 7. I request you to guide me.
Thank you.

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