Hi,

I hold an NE since 2006.

My wife is applying for a dependant visa now (from India), and hope to join me in Germany from June 2009.

I am wondering what her visa status would be once she is here in Germany and applies for a residence permit. I would be grateful if some of you could clarify the following...

1. What kind of residence permit will my wife get? Will she be issued a NE, or will it be a normal dependant Residence Permit?

2. In case she will only be issued a Residence Permit, will she have the permission to work? I know she won't be allowed to work under normal circumstances with a dependant residence permit, but is there any change since I hold an NE?

3. And if she does get the permission to work(?), would she be allowed to do freelancing?

These questions could have been already answered. If that is the case, I am sorry for the duplication. But my searches proved futile. I could not find a situation where a spouse of a NE holder is newly applying for a dependant visa.

Again, many thanks in advance.

Cheers
ppmunich

1. normal dependent residence permit
2. she can work
3. she can freelance too

Read Aufenthaltsgesetz 29.5.1

Regards,

Lacrima

Thank you for the quick and clear reply. I appreciate that.

Hi Lacrima.. A quick follow up question.

Is this para 29.5.1 recently added or modified? My understadning was that the residence permit of a dependant spouse does not allow her to work for the first year, unless she finds a employer who is willing to get her a work permit.

From 29.5.1, I understand that she is allowed to work without any time restriction (no first year restriction). Is this correct?

Thank you once again.

Just to give you an idea of what you'll be going through.

Concerning question 2: She will be initially given a normal dependent residence permit with no right to work, and could be sent to intensive language courses. In case she gets lucky and finds a job after some time, she'll have to apply for a work permit based on a work contract, and this is a long and hard process especially these days.

Concerning question 3: Same applies here, although it could be even more difficult in this case to get the work permit.

Good luck.

Thankx AxEnNeSo.

So nothing is different just because I have an NE! Atleast when it comes to dependant visa. What a waste!

@AxEnNeSo

Could you please give us the legal basis which supports your statements ?

@ppmunich

I dont see a reason why your spouse wouldnt get the right to work from day one when the 29.5.1 explicitly says that she "must" get it.

Regards,

Lacrima

29.5.1 doesn't mention how or what the process to follow is.

I am giving you my personal experience. My 2 cents.

"I am giving you my personal experience."

Your personal experience may not be applicable directly to the situation of the Threadstarter.

For example what was your exact residence status when your spouse arrived to Germany ?

The Threadstarter holds NE, was that the case for you too at that time ?

If you were holding NE at the arrival of your spouse, did you challenge the decision of the officials regarding the work permit status of your spouse by supporting your defense from the law paragraphs or did you just accept what they have told you ?

Regards,

Lacrima

Regardless of what my status was, the paragraph from the law doesn't differ between NE and AE, read it again.

It's not about me, it's about ppmunich, and I'm just giving him an idea of what he might get into, so chill out.

"Regardless of what my status was, the paragraph from the law doesn't differ between NE and AE, read it again."

it does differ actually.. so you better read it again too..

NE means "Erwerbstätigkeit gestattet"
AE does not mean necessarily "Erwerbstätigkeit gestattet"

and the law says

Die Aufenthaltserlaubnis berechtigt zur Ausübung einer Erwerbstätigkeit , soweit der Ausländer, zu dem der Familiennachzug stattfindet, zur Ausübung einer Erwerbstätigkeit berechtigt ist .

Regards,

Lacrima

Lacrima is right.

As a personal experience, when my wife came to Germany, i was having EG (AE with Erwerbstätigkeit gestattet). When i went to ABH for my wife Aufenthaltserlaubnis, i gave the reference of § 29.5.1 to visa officer and my wife also got the EG on the first day.

So it is all you need to speak to visa officer for your rights.If you do not ask, you will not get.

Lacrima, AxEnNeSo adn UMTS11... Very many thanks for your inputs and discussion.

I will surely update the post with my experience in due course...

Cheers...

As promised, here is the update from my side. The very next day after landing in Munich, my wife got her residence permit with "Erwerbstätigkeit gestattet". Which means she can be employed, self-employed or even start her own business in Germany.

Thanks again for all those who helped with information.

Cheers!

Hi,
I had the same situation last year.

Since u hold a NE, your wife will be issued a AE for the first year.

She will also have the same working rights as u have.In other words if u r working, she will be eligible to work as well.

Cheers
Di