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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

asked Nov 22, 2023 in Legal advice by abigail.serwaah | 318 views

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1 Answer

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Hi @abigail.serwaah

Unfortunately, the wording of the law is not clear. It could mean that a person has to have had the same permit for the past two years or that a person just has to have had any type of permit(s) for the past two years. I couldn‘t find any more detailed information on it.

My feeling would be that your situation is also fine and that it is more important to have had legal residency here for the past two years than to have had the same type of residency permit for all this time.

Best,

Éanna

answered Dec 21, 2023 by mbeon-Éanna
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