Hi All

My wife left to home country because of pregnancy in Jan 2015 and we have applied the VISA for baby , but its still pending, and now my wife have complated the 180 days stay outside Germany. Whether wife can come back with same VISA, which is valid till Jan 2017 or need to apply for new VISA?

I contacted one relocation service agent and they said, since you havent infomred the aliens office, its fine my wife can come back with same VISA.

I would like to get some suggestions and share some experience which someone has come across.

Thanks
Sunny 

Hallo,

The main office that you need to check is foreigners office. If you are on blue card and your wife came on dependent visa then i guess may b she can stay upto 12 months without a problem (but pl. cross verify blue card rules and regulations).

Usually if you are on normal visa status or on PR, you can stay at max outside germany not more than 6 months, unless you have a specific reason (like pregnancy and other family reasons). When you know that you or your wife is going to stay longer than 6 months of time, foreigners office issues a bescheinigung with which your wife can come back to germany without any problems at immigration.

pl. check with foreigners office whether it is ok or not or whether she needs any bescheinigung to avoid any kind of inconvenience at indian or german airports.

the above info is only my input, pl. check with others as well and get the clarity and decide accordingly.

thank you
good luck
basbrem

Hi,

Thanks for the info. I am holding a bluecard. I checked online and it says for family members also 12 months can stay outside. from below resources,

As per http://www.bamf.de/EN/Infothek/FragenAntworten/BlaueKarteEU/blaue-karte-eu-node.html

Can I interrupt my stay in Germany during the validity period of the EU Blue Card?Holders of an EU Blue Card are permitted to stay in a non-EU country for up to 12 consecutive months without their residence title expiring. This provision also includes family members. However, this time spent outside Germany is not credited towards any application for a settlement permit.

And i checked the Resident Law
http://www.bluecard-eu.de/eu-blue-card-germany/residence-act/expiration-right-of-residence.html
§ 51 sub 10 states
(10) Differing from paragraph 1 number 7 the deadline for the EU blue card and the permission for staying after sections 30, 32, 33 or 36 is 12 months for the family members of an owner of the EU blue card.

So I guess 12 months is fine. Please suggest

Thanks
Sunny

Then it should be fine.

Hi basbrem

Thanks for your feedback.

Thanks
Sunny

Hi Sunny

I wanted to send my wife to india for exactly the same reason as yours, but ABH told me that I can't send my wife to india for more than 6 months. I even tried to explain that, in the website, it states that we can leave Germany for/up to 12 months, but they didn't accepted it.

So, please check and post in the group for future reference.

Thanks,
Sanjay

Looks like there is no clarity from the authorities side. As far I know it is 180days you can stay outside. I dont know if there is a way one can stay more than that outside.

Sanjay,

my wife stayed in India with our child for close to 8 months and we had no issue during our return immigration at Munich airport. We went right through without any questions asked. We still had a letter from our ABH which clarified that we are allowed to re-enter even beyond 6 months owing to me holding a BC.

Another colleague here also had his wife return after 1 year and no issues to return.

So I don't see it as a risk.

Hi Sunny,

as I just mentioned, my wife and son re-entered after a gap of continuous 8 months in India and we had no issues. Before leaving, for safety sake, we got a letter signed by the ABH which mentioned the same clause and thus confirmed no issues to reenter within a period of 1 year.

So again, been there, done that. No risk.

Thanks everyone for the response.

My wife was able to come to Germany within 8 months period,with same VISA without any issue.


Thanks
Sunny

Hello Sunny,

Just to clarify, was your a blue card? Or a normal residence permit?

So can they enter after 6 months even on a normal residence permit?

Thanks

HI Ajaj,
Its specific to BlueKarte.

For Normal RP its 6 month.

Thanks
Sunny

Hi Sunny ,
Could you please tell me whether your Son has the resident title as AUFENTHAlTSERLAUBNIS ?
I have the same confusion.
I have blue card title and my dependents wife and children have the resident title as AUFENTHAlTSERLAUBNIS.
Is it same in your case?
Please kindly provide me the information.
Thanks .