Subsequent immigration of spouses or, in simpler terms, getting a dependent residence permit for a spouse (Ehegattennachzug) is often a challenge of sorts.

It starts with an often intrusive “investigation procedure”

http://www.trust7.com/en/foren/visa_questions/family_reunion_visa_-_is_this_a_means_to_deter_foreigners_from_working_in_germany/re_family_reunion_visa_-_is_this_a_means_to_deter_foreigners_from_working_in_germany__6

Once the marital status has been determined, it is worth to list the core cases in which the law gives the spouse an entitlement, i.e. an unequivocal claim, to join the other spouse in Germany. Apart from the basic requirements (e.g., flat size, income and language requirement), this is the case when the “other spouse”

1. possesses a settlement permit,
2. possesses an EG-settlement permit (Daueraufenthalt-EG)
3. possesses a residence permit for research purposes or on humanitarian grounds
4. has been in possession of a residence permit for two years whose extension is not ruled out by law or decree
5. is in possession of a residence permit, if the marriage existed at the time of the
permit being granted and the duration of the foreigner's stay is expected to
exceed one year.
6. is in possession of a residence permit of another EU Member State that gives him a status equal to the German settlement permit, if the marriage already existed in that Member State


No. 5 seems to create a lot of headache and trouble. Here, the marriage only needs to have formally taken place as opposed to no. 6 where the couple already had to have a marital bond in terms of having lived together in the other Member State. Back to no. 5, the expected stay of the “other spouse” is not determined by the residence permit’s duration of having been issued for one year. It is sufficient if the stay is planned and forecast to exceed one year. The employer can state the purpose of the project and its timeframe in terms of its supposed duration of over one year. Also, the one year benchmark is not measured at the time the embassy is probably going to issue the visa for the joining spouse. Rather, the time of application of the joining spouse is crucial. Otherwise, the embassy could simply delay the process and then decline saying that now, at the time of planned issuing of the visa for the joining spouse, the “other spouse’s” left stay is less than one year.

The embassy is sending the application to the competent foreigner’s office to get its approval. Also, since in these cases there is an unequivocal claim, one can first get the foreigner’s office approval and then apply at the embassy. In each case, though the foreigner’s office may have agreed to issue the visa, it is the embassy’s decision to issue it. It has the final say.

Back to no. 5, it is important to note that the embassy has discretion in cases where either the marriage did not exist before or where the stay will not exceed one year or were both things are absent. The embassy is free to issue the visa for the joining spouse even then making use of its discretion.


contact@kanzlei-jain.de

I need explanation for no. 4. I am in Germany for 11 months now and want to marry later this year in India. Does it mean in worst case I will need to wait further 13 months (24-11)?

Rao

You have to complete 24 months , my wife's visa was rejected due to that...

what is necessity of 2 years residence period as mandatory .. The rule????...