It is consensus that the rules on dependent immigration can be a real headache and source of frustration.

Meeting the general other requirements, getting a visa for one’s spouse if one possesses a settlement permit, a EU-settlement permit (Daueraufenthalt-EG) or a residence permit for researchers is straightforward, i.e. there is no discretion, but a definite claim. The same should be true for a simple residence permit if the (formal) marriage (i.e., no need to have had a nuptial bond of having lived together for a certain time) took place before the residence permit had been issued to the spouse to be joined to with the latter’s expected stay in Germany being more than one year.

In other cases the spouse basically needs to possess a residence title for two years in order to assert a claim for inviting his spouse. The reason for this two year requirement in German law is to ensure that the foreigner has established a certain set of living conditions for himself and his to be invited spouse and has set the foundation of integrating himself into German society.

The problem, therefore, arises if one has a simple residence permit for less than two years and the marriage happened after initially coming to Germany. The law explicitly allows for a dependent visa even in this situation on a discretionary basis. In fact, some legal scholars argue that this discretion is even reduced to a claim because of EU law. The point is that Art. 3 of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:32003L0086:EN:NOT

contrary to German codified law, does not presuppose being in possession of a residence title for more than one year.


contact@kanzlei-jain.de

Thanks for sharing the valuable information on spouse visa

Dear members,
I seek your expert advice, if it would have any effect on application process to spouse visa during job switch. In brief, I hold a DE EG Aufenthalserlaubnis with a permanent contract from the present company. I would start my spouse visa application soon. In the mean time, I found another oppurtunity. So, does the probation time in the prospective company during my spouse visa reunification affect the process in anyway? your suggestions are highly appreciated.

Thanks.
Regards

I would suggest you not switch job during Spouse visa application.

probation time is not cosidered good for some officials.

Hi Vakalat, 

The two year rule which you mentioned in your post, Is 2 years Masters studies is also considered for it ? 

I did my masters here in germany, now I have a job from 3 months and I want to apply for spouse visa for my wife. Is the 2 years of studies will be considered to inviting spouse ?

Thanks,
Irfan

Hello,
         I have a question related to Spouse visa reunion.
         My spouse is a blue card holder in Germany and hence i applied for a spouse reunion visa. She was recruited to a firm in Darmstadt. After I placed my spouse reunion application she got posted to Munich. Since my application will go to Darmstadt Auslander behorde and because she is in Munich, how will my application get acknowledged. Should I reapply at German consulate chennai with her new address? Or will the application be redirected to Munich once she registers in Rathaus? Thanks in advance. It would be great if you could help me at the earliest.

Thomas, ask your spouse to register immediately in Munich. As soon as she does that, all the paper work will be moved to Munich and she can do the rest of the process or follow ups  from there.

HI,
      I'm a software developer from India and came here on jobseeker visa on Sept 2016. I joined for a job on Dec 1 (I have applied and will obtain my residence permit by Jan 9)and yesterday my wife applied for the family reunion visa in India. When I contacted the auslanderbehorde(ERFURT) they told that I have to submit my bank statement of 12 months. I have nowhere seen about such a requirement. I dont have one since I'll be getting my first salary only this month end. What can I do to bring her? Thanks in advance.