Hallo dear Friends,

I am in germany for last almost 3.5 years and now working for last more than a year.

In march 2009 i switched my job. My probezeit is of 6 months (till september 2009).

My wife appled for Family Reunion Visa in April 2009. Now after 1 month Auslandbehörde in Stuttgart has rejected the Visa saying that you r still in ur probezeit and when ur probezeit will finish positively in september then ur wife have to apply again in islamabad embassy for family reunion visa.

Is there any one who had same problem or any one had any idea abot this.

Is there really such rule. Should i wait till september and apply again or should i challenge this refusal.

Waiting for kind suggestions.

thanks in advance

Khan

Mr. Khan,

You are lucky enough to be given the reason for rejection and asked to apply later after you have a permanent job.

Would suggest to wait and apply later.

my dependent visa was rejected in India because my husband had only 6 months visa at that time. Then we reapplied after changing my husband visa period to 1 year.
So the rule sounds to me true.

There have been instances when spouse visa was issued even before probezeit started. This depends on how ABH interprets rules.

Some ABH interpret income after probezeit as stable and regular income.

Either you wait till Sept. or appeal against the decision in the court.

Hi, thanks for ur suggestions and sharing ur experiences.

Should i ask for a favour from my company that if they can issue my a letter NOW that my probezeit is successfully completed .???????although 4 more months r left in my probezeit..

or if i go to court against this decission of auslandbehörde, if yes then what should i do to whom should i go.....???

thanks in advance

>>Should i ask for a favour from my company that if they can issue my a letter NOW that my probezeit is successfully completed .???????although 4 more months r left in my probezeit..

I doubt your company will issue such a letter, that too as documentation to a government office. In case your company does issue this letter, the ABH may ignore it as normally probezeit is 6 months and go accordingly. They may also ask to see the Work contract to see if you and company are telling the truth.

>>or if i go to court against this decission of auslandbehörde, if yes then what should i do to whom should i go.....???

You can go to court if you fulfill their conditions and then still reject your spouse's visa. In that case contact a Lawyer specializing in auslanderrecht.

According to my understanding, probzeit can be between 0 to max. 6 months. It is upto the company to have probzeit or not. There have been instances where probzeit has been reduced.

If the company issues a letter that the probzeit has ended, ABH will consider it. ABH cannot insist that the probzeit should be for 6 months. ABH cannot dictate terms to employers that foreigners should have probzeit for 6 months.

Court procedures can be lengthy and costly. It is better to wait till Sept and apply.

dear friends,

i m totally messed down.
can any one please tell me :

Is there really such LAW or rule that if i m in probezeit then spouse will not get family visa.

is there is no such rule then should i change my anmeldung kreis and ask my wife to apply again regardless of my prebezeit.

or any idea please friends help me out.
i m really down.

I married in december and came back to germany just after 2 weeks of marriage and now my wife did not get visa nor can i go back due to my probezeit...... i think u may understand my situation

thanks alot

Yes, i can imagine your situation.

there is no such rule but this depends on how ABH interprets rules.

Unfortunately you can not do much regarding this. Changing your registration will not work. When they have rejected the visa of your wife, they have given you the reason and same they for sure put in your file as well.
So best is wait until September and apply again. It is hard to live away from your partner but this is life.