I am a non EU national, working in Germany since last 2 years. I have recently got married and have applied for a family reunion visa. Recently got a letter from the consulate which states that Auslanderbehorde in Germany have refused to grant the approval as the applicant no longer intend to relocate permanently to Germany. Instead they have asked my wife to apply for a tourist visa. Im bit stuck up as I intend to work here for the next 2 years.If my wife comes here with a tourist visa as they suggest then probably she could stay only for 3 months. I would really appreciate if someone could suggest how to proceed.
Thanks.

You have mentioned that you intend to work here for the next 2years,do you have any work contract or agreement from your employer for next 2years? Did your wife also submit proof of your work contract while applying for Visa.
If you are on a long term project then your job contract and may be a letter from employer is enough for your wife to get a dependent visa but now it seems one also needs a German language certificate.

Thanks Raj

I have an unlimited work contract

While applying for the visa the work contract, and the letter from employer was already submitted.

She have already passed the German exam A1 conducted by Goethe institute.

Better is to visit ABH and check with them. As you have mentioned that you have unlimited contract, then do not tell that you want to work for next 2 years or so.Did you told them also that you want to stay 2 years more only?

Because i am wondering how they came to this conclusion "the applicant no longer intend to relocate permanently to Germany."

In which city you applied. can you give me your contact details

I enquired AB and was informed that any foreigner who is applying for a family reunion visa should have worked in Germany for minimum 2 years". But in the visa rejection letter it states that the applicant is not willing to relocate permanently to Germany" which we have obviously not mentioned in the application.

@ Vikranth
Thanks for ur concern, the city where I have applied is Bonn and my details:adithya.arjun81@gmail.com

Its completely strange that there are two different statements from the ABH and the letter in hand.

May be the reason given by the ABH holds true as it has been discussed here once. But for me this law is against the human welfare. I have worked in US based firms earlier in India and Many US families (Wife,children) moved to India together with their family without any problems though it was their first time. This law does not hold for an EU or an American citizen right? One of my colleague right now is moving to China for a period of 2 years with their family. So China/India can accept a German wife and family. Above all they took vaccinations. These things really hurts.

It really hurts, but Im not left with much options.

The statements from ABH and the letter are completely contradictory. But the matter of fact is I have worked more than 2 years in Germany, but not at a single stretch.

I began my work in Germany in March 2007 and was here till end of July 2008 (Had a valid residence and work permit till sep 2008). Then I was relocated to India by my employer. But unfortunately the project got delayed, so I was asked to return back. But my visa got expired,I reapplied, got a visa and started to work in Germany since Nov 2008.

So I have been informed by ABH that my previous work period would not be taken into account. Cant really understand how the system works.

This is very painful.


Although my wife has not applied for the visa yet but I am fearing a similar situation.

I worked a company for 2 years with a limited contract and then that company has extended the contract for another one year but through a 3rd party vendor. i.e. I am working in same position but I have a contract with a consultant or Personaldeinstleistung company in whose contract in I am in Probezeit in first six months.

I am thinking to get a letter saying that actually I am working in the same company since more than 2 years now, so this probezeit is not like a 'Usual' Probezeit.

Any body has another other though what I can proactively do? I have a employer independent visa so ABH does not actually has my current job contract because I got my visa without showing them my new job contract.

Thanks

You may see the list on German website,India is also included along with countries like Pak,Bangladesh,Somalia so they just treat us like a third class citizens whereas India treats Americans or Germans even their cats and dogs as first class citizens and they don't need to learn Hindi or work for 2years to bring their spouse.
Unfortunately in your case you have left Germany for a while so its back to zero and the number game starts again for the 2year period.
In your case only the employer can do something so you should talk with them about this.

Raj
Who to blame ? I wont blame them(USA,Germany) atall.

@deathnic

We should blame our fellow Indians who are desperate and do all kinds of fraud to get the Visa,even many educated youths get married to Germans only to settle here.
So we should not blame German government if they bring strict rules.