Question

Can I file for my new spouse with independent resident permit . I lost my Germany spouse and I have remarry again

Comments

Dear @abigail.serwaah,

Welcome to the Wefugees Community and thank you for reaching out to us.
Can you add some more details to the question? This will make it easier for us to provide the information you are actually looking for. For example: Which residence permit are you and your spouse holding? Or is your spouse German? Since when are you in Germany and when did you get married?

Looking forward to your reply!
Best,
Meike

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I came to Germany  to join my German husband 

I was given to § 28 resident permit for 1 year and after one year I was given 2 years which I was told after the two years I qualify for permanent resident permit ..soo unfortunately I lost my husband and the Ausländerburo requested that I bring the § 28 resident permit and I was given  § 31 resident permit which is independent resident permit.

now my question is 

I got married again but my new spouse is in non Eu country ..

I reported my marriage to my late husband’s pension scheme in Germany because I was getting a widow pension . 

Well I could like to know if I can bring my new spouse with the  § 31 resident permit since my husband is dead and I am alone .

Will be glad to hear from you 

Regards 

Abigail 

Answer 1

Hi @abigail.serwaah

As I understand the law on family reunification, it is possible to have your husband join you while you have § 31 residence permit. He should apply for a visa for family reunification at the German embassy in the country he is resident in.

In order to get a visa, he will have to show that he speaks A1 level of German, that you have enough income (i.e. not social welfare benefits) to cover your own and his living costs, and that you have sufficient living space for him.

Best,

Éanna

Comments

Thanks soo much for the reply I am glad  please
about Family reunification for spouse

According to §30 Para. 1 No. 3d AufenthG, you must have held the residence permit for at least two years.

I could please like to ask :

Should it be a specific resident permit or a bearer of any temporary resident permit ?

I had a two years §28 resident permit with my late husband and also one year now with the §31 independent resident permit
In total I have held a temporary resident permit for 3 years .

Is change of resident permit within the two years forbidden ?

Do I have to wait till my recent resident permit is two years before my new spouse can apply to join me ?

I will be glad to hear from you
Best regards
Abigail Bonsu

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You’re welcome! Under number 3d it refers to a certain group of residence permits. It doesn’t require you to have had a specific one for two years, but requires you to have a residence permit that does not have an extra condition according to paragraph 8, section 2 of the Aufenthaltsgesetz. I have looked into this but unfortunately haven’t been able to find out exactly what this means in practice. I cannot say based on present information whether a permit § 31 falls into this category.

The phrasing about the two years is quite ambiguous. It can be read as either the person having a particular single residence permit for the whole duration of the past two years, or that over the past two years the person always had a residence permit (but may have in that time changed the type of permit  or had the same type renewed). I would tend towards the second interpretation.

If you are not entitled under that section, it is only possible to bring a spouse who you were married to at the time you were issued with § 31 (see under paragraph 31, section 1, number 3d), which I assume does not apply in your case.