Hello All,
I am working in Germany since June-2008. I am employed in an German company.
I got married in december-08 and my wife applied for family re-union visa in january from India. In feb end we got a letter from germany consulate in india for marriage verification process. we submitted all relevant papers and fotos. after few weeks we got back the marriage certificate back with a passed stamp on back of it. I followed with the german ausländerbehorde in germany to check with the status. In between i was asked for additional documents such as work contract, appartment contract (54 sqm) etc. All were promptly submitted. yesterday i asked the ausländerbehorde about the visa status and they mentioned that it will not be given. The reason mentioned was " I am in germany since about 1 year and I got married after I came to germany." With this rule my wife will not be given visa.

Is this a valid ground for not granting visa?
Has anyone faced this problem?
What next steps can I do ?

Any suggestions would be helpfull!!

Thanks

Hi,

Try to convince them by quoting relevant sections of law. If it does not work, then ask for the reason in writing. Consult a lawyer to take up your case.

Good luck.

@stutt23

What law should he show?

The Beamte is showing him the law that does not allow his wife to come to germany!!

I dont know how they can refuse Family reunion. Take a lawyer.

The only way they can refuse the family reunion is if you don't make enough money to grant their wellbeing without using public funds or if you're getting social money or so...what she can't have though is a working visa (meaning she won't have the right to work in DE until you're both married for more than 2 years...). Try to find out if there's an Ausländerbeauftragte service in your city and make an appoinment. Here in Berlin the service is provided by the Senat and they're very-very- useful:

http://www.berlin.de/lb/intmig/index.en.html

good luck!
Ari

Hello All,

Thanks for your your suggestions.
Today my company MD spoke to Auslanderbehorde, they are saying the problem is with the rule i mentioned in my post.
Had it been so that i already stayed here for 2 years and still had 1 year VISA then they could have taken approved my wife VISA.

Now they say its impossible to Issue VISA for my wife.
The options what Auslander is suggesting is me going back to India and again reapplying for my work permit and my wife dependent VISA. But here i am worried because in this economic crisis situation will i get VISA?

Next week i am seeking Lawyer opinion, but i don't have hopes with that.

Now i am thinking of getting my wife here on Tourist VISA(for 90days). Will that be problem considering that her VISA (Family reunion) got rejected?
I am thinking of two options to apply for her tourist VISA.
1) I inviting my wife on Visitor VISA, with Verpflichtungserklärung. Also mentioning in covering letter that her family reunion VISA got rejected, so applying for visitor VISA.
2) My wife applying independently through travel agent. With all required documents (Bank balance, confirmed ticket, hotel booking etc).
Suggestions for Tourist VISA application?

In any case i am planning to return to India. And processing VISA again.

Any suggestion!!!

Thanks

"they are saying the problem is with the rule i mentioned in my post."

So what is that rule ? which paragraph of the law ? Exactly in which administrative regulation ? did you get a written explanation why the visa can not be issued and based on what ?

Take a lawyer.. family reunion can NOT be refused based on what you are saying.. Family is strictly protected in German constitution.. and it is a basic human right as also clearly stated in German constitution.. unless there are other relevant factors in your case which effect the decision, you are being told bullsh.t by the officer who is dealing with your case..

Regards,

Lacrima

This is to continuation to my previous reply...
What care i should take so that at least she gets Visitor VISA. That time i can use to look for a solution to get residence permit.

ok.. looks like the law really talks about this 2 year residence thing.. unbelievable..
http://www.aufenthaltstitel.de/aufenthaltsg.html#30

I probably missed this part after they have changed the law.. If I were you, I would even think about a constitutional complaint, as this rule seems to violate a basic human right which is protected in the German constitution..

No idea.. whether it would work out with a tourist visa..

Regards,

Lacrima

this "two year" law is not new...in 2007 it was introduced and my friend from ULM was one of the "victims" of it and he then just changed the country got new job, both got visa together...and happy ever after...

this is ridiculous how this rule of law is formed that one must be in germany for at least two years and should have at least one more year of visa validity in order to apply for family reunion visa for his/her spouse...

before 2007 this rule was only asking for one year of visa validity from the date of application of family reunion visa, so even in my case AB extended my visa and then took application for family reunion...

Hello All,

Thanks for your valuable suggestions and inputs.

Continuation to my earlier question, 2 weeks back my wife got the rejection letter stating the reason (law as i had mentioned in my first post).

After that we started applying for Visitor VISA. I got the Formal obligation letter even Auslander(who had rejected my wife VISA earlier) had mentioned in comment section that my wife can come on Visitor VISA.
I sent that letter to my wife along with all other necessary documents (Salary slip, Bank statement, invitation letter etc).

Today my wife had an interview at Chennai for Visitor VISA. My wife said that Chennai authority was rude and was telling that she wont be issued Visitor VISA too as her previous Family reunion VISA was rejected.

In this situation what can i do? can I appeal to some higher authority.
This is ridiculous first when they accepted the Family reunion VISA they didnt say anything about this rule for 3 months and after that they rejected. Now even after mentioning by the same authority who rejected my wife VISA saying they dont have any problem in my wife coming on Visitor VISA, Chennai authority are rejecting this application too.

Any solution or suggestions ...

sorry if you are rejected once they will keep rejecting ur application,except you reapplied after one year

You'd have to wait until you've spent enough time in Germany and then apply again for family reunion.

There's only 1 solution in the meantime, and that's to apply for a visit visa to any other EU country.

Good luck.

I can imagine how stressful it would be.
But take time and go to the Ausländerbehorde (always make note of their names normally in the doors) and meet the officer who told she can any visit. Ask him to fax that they have no objection etc etc to the the Concerned embassy in India.
and apply for visit visa. they have no rights to reject visit visa on the basis of family visa.
but one question they might ask is a proof that she will return if she is working or student it would be better than being a house wife

@Vinoth

Eager to know your status and further steps taken as my case is similar to urs. Any inputs would be very helpful.

@Vinoth

Can you please tell from which city's ABH you are communicating with? thanx

hi vinod

may i have your contact no? as i am facing the same problem, i think you can help me out,,

hi, I am going to do the same thing as you. I was not aware of it. Is there no way t can be solved.
Did you solve it any way ultimately?

Please lemme know

Hi gwinmilt,

Sorry to know that you are also facing same problem as i did.

Regarding that 2 years rule i couldn't do anything much, authorities never mentioned this rule in rejection letter or anywhere.
As a last option we opted for visitor VISA for 3 months.

Once my wife VISA got rejected, immediately my wife applied for visitor VISA for 3 months, for which i sent formal obligation form.
When i got formal obligation letter, i asked auslander officer who rejected the dependent VISA to write on letter (in comments section of Verflichtunerklarung) saying there is no objection from there side in issuing tourist VISA for my wife. Which I feel helped in getting visitor VISA.
When my wife went to Chennai embassy for Visitor VISA interview officer was little harsh in telling that as my wife dependent VISA got rejected she wont get Visitor VISA also, that time my wife showed comments from Auslander which was written on Verflichtungerklarung. Which i feel helped...
Finally within two weeks my wife got tourist VISA.

After 3 months we went back to India.
After 7 months we together applied for VISA again at Chennai embassy, there was no problem at all. Within 6 weeks we both got VISA.

Sorry I couldn't update my comments all these days.

This is a great forum where all of us get lot of information which helps in a great way. I thank everyone who helped me.

Regards,
Vinod

@Vinod

And how do they calculate this 2 year stay? Is the study period included or is it only the work duration?

Thnx

@All

My confusion : I am currently studying and my course is ending in Oct, graduation in Nov 2011. In between Oct - Nov I am getting married and my job is starting from 1st Dec 2011.

Now, I am a bit confused about this 2 year rule, which means my spouse won't be able to apply for the dependent visa till Dec 2013 (as I am starting my job from 1st Dec 2011) Or my student stay (Aufenthaltserlaubnis) will be considered in this 2 year rule? Is there any section in the German Law that explicitly says about Student Duration being counted or not counted?

Please let me know if you had the same situation and what was your experience.

Thanks

In our rejection letter its is mentioned the date of residence which you are in Germany

@friend082

Thanks for your reply. Which means they might or might not consider your student stay so its case to case basis.

So, how did you finally manage to call your spouse? I know study visa/tourist visa is another option but what else. Any suggestions?

The 2 year will be counted from your residence in Germany. i don't know about other options, my wife visited as tourist visa, and now my 2 year residence period is finished at just applied for the family reunion visa and it is in process.

Is this law is currently being looked or not? because I have the same problem now. After coming to Germay, I gone to India after 7 months and then married and now my wife is going apply for this dependent visa. Will I face the same problem? Please reply.

Hi maverick0007, 

Did you get to know if student stay is considered in that 2 year rule ? 
I am in the same situation, wanted to know if student stay is considered or not... 

Thanks,
Irfan