hello

i have been staying with my wife for more than 15 moths now, my wife has a Germany child from the deceased but for her she has a residence permit and me i have duldung. i cam in germany from another EU state where i had residence as an asylum seeker and later my residence was revoked so i decided to come to germany and stay with my wife who i married 4 years ago from Africa. Auslanderbehörde wants me to go back and apply for family reunion visa but on the embassy website in my country it shows that i have to reside or stay 6 months in my country before applying for visa. my lawyer advice me to go back to my country and apply for a family reunion visa but i don't trust the Auslanderbehode . i fear going back and they deny me visa. i already have B1 germany language and lebebn in Deutchland certificates .
asked Jul 7 in Legal advice by juma

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1 Answer

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Dear @juma,

Welcome back to the Wefugees and thank you for reaching out to us.

I am sorry to hear that you are in such a complicated situation. Did you discuss with your lawyer if you and your wife fulfill the requirements for the family reunification process? This will be the first question to assess. 

Whether there is a chance to circumvent the visa procedure depends on the individual case and needs to be evaluated with your lawyer - usually it is quite difficult to convince the immigration office that it is unreasonable for the applicant to travel, to be separated from the family/job etc.

I never came across the German embassy's policy of requring visa applicants to reside in the respective country for at least 6 months though - are you sure about it? Maybe you double-check. 

Furthermore, it is not the immigration office (Ausländerbehörde) which decides on the visa - it is the embassy! In the conventional family reunification visa procedure, the embassy will ask the immigration office for a approval. This back and forth between the embassy and the responsible immigration office in Germany can take time. Therefore, you should definitely ask for a so-called "Vorabzustimmung" (pre-approval letter) from the immigration office. We discussed this topic here as well.

I hope these information are useful for you and please don't hesitate to get back to us with any further questions.

All the best,

Meike

PS.: I saw that you opened a second thread containing the same question. In order to keep a better overview and information in one place, I will close that one. I hope this is okay for you.

answered Jul 10 by Meike
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