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I am a non-EU citizen from North Macedonia, who got married to a German national this spring. I qualify for a family reunification visa and have recently submitted all of the required documents to obtain it at the German embassy in my country.

My husband and I recently found out that I am expecting a baby - I am currently in my 9th week of pregnancy. Things have been very stressful for us since when I first found out, I had a situation that required immediate medical attention, which I had to get in Germany. I was visiting my husband at the time, and I was in Germany only as a tourist, so I had no medical insurance. Luckily, due to the urgency of my situation, I was able to get the medical care I needed.

A few weeks ago, I flew back to my home country, since the 90 days I was allowed to stay in the Schengen zone were up. We are currently in limbo - the German embassy in my country will forward my documents to the immigration office in the city where my husband resides, but they warned us that the processing might take a long time, even in these circumstances. I might not be able to get my visa in time to travel back to Germany and have the baby there. This is very stressful and upsetting for me, as I cannot rely on the public health system in my country to deliver a healthy baby, and I would like to get my prenatal and postnatal care in Germany. My country's infant mortality rate is alarming, and giving birth here is not a risk I want to take.

Additionally, there is a human aspect to all of this - my husband and I have already had to spend half of this year apart and have faced many hurdles and obstacles before we were finally allowed to get married, which has taken a serious toll on our mental health. My husband was not able to be present at the ultrasound where I got to hear our baby's heartbeat for the first time, since I was already back in North Macedonia. He will have to miss many more appointments, and he will not be here to support me during my pregnancy. Not knowing when I will be able to go back to Germany and if I will be able to have my child there is very distressing to me.

Even though the child will be German by law no matter where it is born, I don't want it to bear the cross of being born in a non-European country and be stigmatized its whole life. I don't want it to experience the same things I am experiencing right now. I want it to be born as German in Germany, its father's country, and get the best care possible.

What can we do to expedite the visa process? As I've mentioned, there's nothing legally stopping me from getting the visa. I meet all the requirements for a family reunification visa, and I've already submitted all the required documents, which were checked and verified. The only issue is with the slow processing time, which can affect whether I am able to travel and have this baby in Germany.

Is there anything I can do to temporarily stay in Germany while I wait for my visa? Is there anyone we can contact who would be willing to review our case and decide whether it warrants a speedier process?

Thank you very much!
asked Jul 19 in Other Questions by AquaMama | 1 view

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1 Answer

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Hi @AquaMama

The German embassy should speed up the visa process in the case of pregnancy involving a child who will be a German citizen. Information about the right to have a visa before the birth of the child is detailed clearly in the visa handbook of the German Foreign Office (Auswärtiges Amt), which provides guidance to embassies on issuing visas.

It states:

Aufgrund der aufenthaltsrechtlichen Vorwirkungen von Art. 6 GG ist dem personensorgeberechtigten Elternteil bereits vor Geburt des Kindes ein Visum zu erteilen, wenn feststeht, dass das Kind mit der Geburt durch Abstammung von einem deutschen Staatsangehörigen oder durch Geburt in Deutschland von einer ausländischen Mutter, die sich bereits in Deutschland aufhält, ebenfalls die deutsche Staatsangehörigkeit erwerben wird. Der schwangeren Mutter ist ein Visum auszustellen (im Hinblick auf die Reisefähigkeit idR zwischen dem 4. und 7. Schwangerschaftsmonat), wenn die Geburt mit hinreichender Wahrscheinlichkeit zu erwarten ist.

In English via online translation:

Due to the residence law preliminary effects of Art. 6 GG is to grant a visa to the parent with custody before the birth of the child, if it is established that the child was born through descent from a German nationals or through birth in Germany from a foreign mother who already resides in Germany will also acquire German citizenship. A visa must be issued to the pregnant mother (with regard to the ability to travel, usually between the 4th and 7th month of pregnancy) if the birth takes place with sufficient probability is to be expected.

Here is the link to the handbook:


The relevant section is on page 288.

I encourage you to make contact with the German embassy and make reference to the expected delivery date and the section I referred to above.

I advise you to emphasise the pregnancy rather than the marriage when detailing your situation to them. Although the separation of a married couple is a difficult thing, in terms of the German immigration law it is seen as a reasonable hardship (in German ‘zumutbar’) to have to wait for regular visa processing times before being reunited. A pregnancy is regarded differently due to the necessity for parents to bond with the unborn child and newborn.

Here is a good article by a lawyer about such cases (in English via online translation):


If it is possible for you to come to Germany again on a visa-free 90 day basis, then an alternative is to come here and apply for a residence permit at the immigration office (Ausländerbehörde) where your husband resides. The immigration office will most likely at first tell you to leave Germany and return with the correct visa. However, due to the law around the protection of the family, they can make an exception to this requirement in such cases. I cannot, however, guarantee that they would and as is clear from the article I linked, it sometimes requires legal assistance to do this successfully.



answered Jul 21 by mbeon-Éanna
Thank you so much for your kind and thorough answer! It helps a lot.
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