Can i join my Ukrainian wife with Family Reunification Visa knowing that i Never been in Ukraine before?

Question

i'm an Egyptian officially married to Ukrainian girl since 2020. she now in Germany with residence permit under temporary protection(Article 24).Can i join her with Family Reunification Visa knowing that i Never been in Ukraine before?

Comments

Dear @MoGhonim, welcome to Wefugees and thank you for your question. I will link our dear colleague @Meike here. Maybe she can help you with an answer. All the best, Julia.

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Thanks for your help

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Dear @mbeon-Éanna or @mbeon-Gabriele, could you also please have a **** at this question. Thanks a lot and best wishes, Julia.

Answer 1

Hi @MoGhonim,

Thanks for your question. Regarding family reunification to people from Ukraine who are now resident in Germany under paragraph 24 of the immigration law, there are two aspects to consider:

1. Does the person wishing to come to Germany have their own entitlement to a residency permit under paragraph 24?

According to the European Union decision regarding temporary protection for Ukrainians, family members of Ukrainians are also entitled to a permit:

'in so far as the family was already present and residing in Ukraine before 24 February 2022'

(Article 2, section 4)

https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022D0382&from=DE

On first view, this would exclude you from an entitlement to paragraph 24, as you were not resident in Ukraine. There is an additional document from the German Ministry of the Interior which provides more detail on how the EU decision is to be applied. In this they make reference to the family having existed in Ukraine, rather than all family members.

In my opinion this leaves open a small room of discretion for the authorities for a person in your situation. One could argue that the family relationship existed in the Ukraine, even if all family members were not resident there. However, if such an interpretation is possible, it will be necessary to provide significant documentation (in addition to the marriage certificate) of the relationship. You would be expected to provide a thorough account of these questions and provide supporting documentation (e.g. photos, records of chats and calls between you and wife):

• Length of relationship, how and where you met, how often you met and where.
• Why you are currently resident in Egypt? If there a specific reason you have to be there, e.g. completing studies?
• Were you and your wife planning to live together in the Ukraine?

If you wish to take this option, you need to apply for an appointment with the German Embassy in Cairo in order to apply for a visa to allow you to enter Germany as a beneficiary of temporary protection. This is not a visa for family reunification. As this is not a standard procedure, it is best to contact the embassy and describe your situation in detail.

2. Does the person wishing to come to Germany have an entitlement to come as a family member of someone with paragraph 24?

If you are not entitled to temporary protection, then you can consider a visa for family reunification with a person who has temporary protection.

This is covered by paragraph 29, section 4 of the immigration law. According to this, a family member can only receive a visa if:

‘the family unit in the country of origin has been broken up as a result of the foreigner having fled said country’.

https://***.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0750

As this is not the case in your situation, such a visa is not possible.

I hope the above provides some clarity, apologies that it is so complicated. This permit paragraph 24 is being applied for the first time so it is all new. The above is based only on my interpretation on the rules and not from direct experience. Perhaps others have a different view.

Best,

Éanna

Comments

Thanks for your help , Is it possible to discuss the solution you provided?

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You're welcome, you can contact me on the free app mbeon is you wish to discuss this further. However, I would not necessarily describe what I wrote under option 1 above as a solution. It is based on a particular interpretation of the guidelines which are themselves being used for the first time. It may work under certain circumstances but I consider it rather unlikely to do so for someone who has never been to Ukraine. But do feel free to contact me if you wish you try anyway.

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@mbeon-Éanna Hello sir , I sent you a brief of my situation on the App chat . I wish that you can have the time to see it , Thank you

Answer 2

Hello @MoGhonim, How nice that you have turned to WeFugees with your question. In principle, the right to family reunification exists with the residence title according to § 24 of the AufenthG. Unfortunately, I have to tell you that family reunification with your wife is subject to certain conditions. If a married couple lived in a marital community before fleeing Ukraine, the partner has his or her own entitlement to residence under section 24 of the AufenthG. In such a case, family reunification is not necessary at all; instead, the partner applies for residence under section 24 of the Residence Act himself. If, on the other hand, the spouse has no entitlement to this humanitarian residence title under section 24 because - as in your case - they have not lived together (in Ukraine or Egypt), family reunification is governed by section 29, paragraph 4 of the Residence Act. This provision applies to spouses and minor children. The prerequisite for this is that - the family relationship in the country of origin has been terminated by the flight situation, and - that the partner is taken over from another EU member state or is outside the EU and in need of protection. - In addition, other family members may be granted a residence permit pursuant to section 24 if exceptional hardship is to be avoided (section 29 (4) in conjunction with section 36 (2)). This does not apply to your situation for the time being. Even if a non-privileged spouse reunion is applied for at a later date, the granting of a visa depends on certain conditions. In this case, sufficient living space for two persons, sufficient income to cover the joint living costs and a basic knowledge of the German language on the part of the spouse must be proven. In addition, it is also checked, for example, whether the marriage is a sham or not worthy of protection, or whether any criminal offences have been committed. You as the spouses must convincingly explain that your marriage has existed despite the spatial separation and why this spatial separation should or must now be annulled. If you make an application and do not accept a refusal, for example, you have the possibility of having this decision reviewed by a court by filing a complaint against it. I am really sorry not to be able to give you more edifying information. I wish you all the best. Best regards Gabriele

Comments

Thanks alot for your helps