Situation: I was offered a post-doctoral position in Aachen. I along with my wife and my daughter(1yr) applied for the visa at German embassy Kolkata (India). After marriage verification etc, we were given the VISA and we entered the Germany together. My visa was issued under §16, even though i mentioned them i am going for a post-doctoral research work. This was in February.

In May the group had to move to Bayreuth(in Bayern). I was aware of the group movement before and were also mentioned in the visa application. Well At bayreuth auslandsamt I was issued the visa under §18 but for my wife, they will give the RP only after they have a deutsch A1 certificate for her.( this was told orally when we went to collect the visa for her)

Now what is the best way for us to get her visa? Her visa from India has expired. and she does not have any thing to proof that she is legal. Moreover joining the language course (option available here) and giving the exam will take another 5-6 months.

Can anyone guide me what can be done in this situation?
thnx

You are pointing to another stumbling block in applying for dependent visa: the language requirement.

If the visa for your spouse has indeed expired and she has no proof that she is legally in Germany, she is subject to being deported. You should immediately apply for the permit. Until its outcome the deportation will be deferred.

Regarding the language requirement, you can find more details in this thread:

http://www.trust7.com/en/foren/integration/language_req_s_constitutional_ii

I have also listed the exceptions. As you do not fall into the first three, you should explore the “murky” one, no.4, namely where there is a manifestly insignificant need for integration in the person of the joining spouse or where the spouse would be exempt from joining an integration course. If your spouse has a university or similar qualification and the authority is convinced that she can get a job in Germany in her area of qualification even without knowing German, this is a case of an “insignificant need for integration”. Also, if you do not intend to stay long-term, there would be an exemption. This is the case for example for business people and their spouses or employees of international companies who have been delegated to Germany for a definite period of time. In those cases the residence may even comprise several years as long as it is still of a definite nature.

Thanks 'Vakalat' for the detailed reply.
Well her permit has already been in application. The guy at auslandsamt says that the day she shows him the A1 certificate, he will give her the visa.
So I can always say that the decision is pending.

in the post you referred, it says that

"1. A spouse wishing to join his husband or wife is exempt if the latter holds a settlement permit for highly qualified persons or a residence permit for research purposes or a residence permit for self employment. In these cases, however, it is further necessary that the nuptial bond was entered into before the husband or wife shifted to Germany."

What is the residence permit for research purpose? I am involved in Post-doctoral research from DFG funding in the university. Am I entitled to such visa? if yes what documents I have to show? Also Me and my wife entered the Germany together and were already married.

Thanks.

“What is the residence permit for research purpose?”

It is issued according to Section 20 AufenthG

http://www.gesetze-im-internet.de/aufenthg_2004/__20.html

A residence title for research purposes requires a written agreement with a recognized research institute aimed at carrying out a particular scientific research project. Regarding the recognition of the research institute there is a special procedure with the authorities. The agreement with such a research institute usually has to contain a guarantee on part of the institute to bear costs that might arise once the project ends and the researcher does not timely return.

A research project that is part of a doctoral study does not qualify.