Hello All,

has any one got information about the rule which states that " Aufenthalerlaubnis expires if one lives outside germany for 6 months"
My wife is in India at the moment due to birth of our child. We are in the process of getting Visa for the new born. She would complete 6 months in India on 5th of January 2008. Will her Visa be expired after that?
Is it possible that she comes to Germany for a couple of days and goes back to India again. Will that start the 6 month period again ? couple of days will be enough or she has to stay some minimum days in germany before going to India again.
OR
Is there any way that ABH issues a letter stating that my is staying away more than 6 months "purposefully".

Hope someone can provide some information

Thanks in Advance
Vivek

Hi Vivek,

Yes, there is a rule in Aufenthalts Gesetz where it is stated that you can not be outside De for more than 6 months at a time. She must come back at least for a day in Germany to break this 6 months time.

I think you can contact with the Auslanderbehörde (A for allowig her to stay for more than 6 months. AB has the power to extend this. If they agree to extend, then there is no porblem.

br
mk

thanks MK

Normally there is no way anyone can check this longer stay.

I got the letter for the same purpose from ABH but no one asked for it.

11)getting the visa is really an hassle.It can take upto 3-4 months untill or unless you yourselves follow your application in your local ABH.get it faxed to India and so on.

write to me if you ned any more info.

havehope@caramail.com

@vivek
if your wife has deregisterd then she has to come before 6 months.

In all circumstances ABH will know this when you are applying for the Child Visa. This is my personal experience. AS you have to process the Visa for your child. Incase the stay of your wife outside DE crosses 6 months then i would suggest that you reapply for the Visa of mother and child together. The visa for your wife should go faster as she was already having one earlier and no need of extra checks.

So have-a-hope is not correct to say they cannot find it out. they may even check the exit dates of your wife. if you lie and its found out then you may be in bigger trouble.

Your biggest problem could be is to get the Indian passport for your child as you will be here. the passport office need a signature and personal appearance of the father.

So my advise apply for both the apps else it may take even longer.

Hi Savion and others ,

Thanks for your reply, I was in India last month during the birth of my son. I somehow got the birth certificate and Passport within 2 weeks and applied for the visa on 19th november. Yesterday I visited ABH and they told me that kids visa papers are here . They asked, until when my wife can stay there, and I informed that her visa will expire on 5th january. They have said that If there is no problem then baby will get the visa within 2 weeks. I hope for the best.
And I am not quite sure if they keep track of everyone who leaves the country and on which date (though they can find out for sure).

If I dont get the visa then I will try to get that letter from ABH.

Thanks
vivek