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Good Evening, 

I've been informed of this website by one of my friends and I have already learnt a lot from here. I am glad to be a member of this platform. Before asking my question(s), I would like to share my Background. 

Background of my Questions: 

Right now I am 32 years old. I came in Germany around 9 years back and I applied for Political Refugee but my case was refused. For a long time, I had lived in Germany as a Duldung Holder. Recently, I have got a Residence Permit according to 25B ABS.1 S.1 and the validity of my card is for 1 year. 

Around after 10 years, I am going to my country of Origin (Bangladesh) to meet my family and friends. I will stay there for about 40 days. And in the meantime, my family is planning to get me married to a fine Bangladeshi girl. 

My Questions: 

If everything goes right in Bangladesh, I am planning to bring my wife in Germany in Family Reunion Visa after 1 year of my marriage when the validity of my Residence Permit is extended again for another two years. 

Now I am worried if I can bring my wife from Bangladesh in family reunion visa? Some say, you can, some say, you cannot. I am really confused. 

_______

P.S.: I have read the German Residence Act and the Section 29 shows some hope. It states, "(3) The temporary residence permit may only be granted to the spouse and the minor child of a foreigner who possesses a temporary residence permit in accordance with sections 22, 23 (1) or (2) or section 25 (3) or (4a) sentence 1, section 25a (1) or section 25b (1) for reasons of international law, on humanitarian grounds or in order to safeguard political interests of the Federal Republic of Germany. Section 26 (4) applies accordingly. The subsequent immigration of dependants is not permitted in the cases covered by section 25 (4), (4b) and (5), section 25a (2), section 25b (4), section 104a (1) sentence 1 and section 104b."

I know my post has become so long, and if you feel boring, I am really sorry for that. I don't know how much I could make you understand about my situations. I'll be indebted to you if you kindly help me with information. 

Thanks

asked Oct 26, 2022 in Legal advice by sbbr | 419 views

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1 Answer

+1 vote

Dear @sbbr,

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

My colleagues were answering a very similar question a few days ago in this thread - please have a ****!

If I understood @mbeon-Éanna correctly, it is unfortunately not possible to reunify with a spouse you were marrying after you received your residence permit according to section 25b of the German Residence Act.

I am sorry that I can not give you a more positive answer. But maybe Éanna can correct me.

In any case, please don't hesitate to get back to us with any further questions.

All the best,

Meike

answered Oct 27, 2022 by Meike
@Meike I've got residence permit for one year. And then I'm marrying. And after one year, I'm getting residence permit for another two years if I'm not wrong. So my residence permit is being extended after my marriage. Does this help for reunification? Thanks

Hi @sbbr,

My colleague correctly noted that family reunification is not possible if the marriage takes place after you receive your permit. This is covered in paragrapgh 30, section 3(e) of the Residence Act:

(1) The spouse of a foreigner shall be granted a residence permit if: the foreigner possesses a residence permit in accordance with Section 7 (1) sentence 3 or Sections 3, 4, 5 or 6 or Section 37 or Section 38, the marriage already existed when the permit was issued and the duration of his stay in the federal territory is expected to be more than one year; this does not apply to a residence permit according to Section 25 subsection 2 sentence 1 second alternative.

(via an online translation)

You possess a permit under section 5 of the Residence Act. Therefore, it is at this time not possible. However, once you have permanent residency (Niederlassungserlaubnis), family reunification is possible.

Best,

Éanna

Thanks for clarification, dear @mbeon-Éanna!
Thanks a lot for the info.
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