Possibility of a Dulung for Schengen VISA holder

Question

Hello,

I would like to ask about the possibility of applying for Dulung for my wife. She got a 3-month Schengen Visa to join me recently because the current waiting period for a family reunion visa appointment in our country of origin is a whopping 18 months. So, I am wondering if there could be a legal means such as the Dulung of her staying with me in Germany and then going back to the country of origin when the visa appointment interview date has been scheduled by the Embassy.

I would also be glad if you could point me to any other legal options for this kind of situation that could be explored. I already have a family accommodation, and earning a decent income as a researcher (18D).

Thank you.

Answer 1

Hi @onalex

Before the three months have ended, she can apply for an extension of the Schengen visa with the Ausländerbehörde. However, an extension is only allowed in very exceptional cases. In my view, a long waiting time at the embassy is not sufficient for an extension (although of course very understandably frustrating). Here you can see the information from the authorities in Berlin about what kind of cases would be eligible for an extension (in English via online translation):

https://service-berlin-de.translate.goog/dienstleistung/324785/?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

If this is refused or if the three months have passed, she is obliged to leave the country. She can then apply for a Duldung but again here I do not see sufficient grounds for her being issued with one. A Duldung can be issued for humanitarian reasons but a long waiting time for a visa is not such a reason. I imagine the application would be rejected and she would be obliged to leave the country within a certain deadline.

I do not know what influence such a rejection (i.e. to a visa extension or to a Duldung) would have on her subsequent long-term visa application. At the bottom of the application form the applicant is required to make a declaration that they have not been expelled from Germany or had an application for a residence permit rejected:

https://videx.diplo.de/videx/visum-erfassung/#/videx-langfristiger-aufenthalt

While this would not exactly apply in her case (as she would not have applied for a residence permit), if you consider such a course of action you should first consult with a lawyer for immigration law. Such a case would probably have to be argued in court and as I wrote above I do not think it likely for such a case to be successful. But I am not a lawyer and so not gauge this.

Best,

Éanna

Answer 2

Hi Eana,

Thank you for your detailed response.

I appreciate you.