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Hello and good morning. My husband (yemen citizen) is entitled with subsidiary protection in Germany and we got married on November 2023 at Standesamt.

I am from Malaysia and would like to move to Germany to live with my husband and would like apply for visa. My husband has a job and has rent a house for us.

May I know if i am be able to apply for family reunification visa (under category family reunion visa to non german) instead of visa for family reunion with people under subsidiniary protection?

Because according to the first type of visa, i see we have all the documents needed and may I know if i would be allowed to come back to Malaysia to visit our family for the second type of visa.

Thank you so much. Any advice would be really appreciated
asked Jan 31 in Legal advice by anonymous_ | 416 views

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1 Answer

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Hi @anonymous_

As you married after your husband left his home country, it is not possible for you to get a visa for family reunification. There are special rules around family reunification to people with subsidiary protection; this is detailed in paragraph 36a of the German immigration law (Aufenthaltsgesetz). Under section 3, part 1, it mentions that the marriage has to happen before the person leaves their country:

https://***-gesetze--im--internet-de.translate.goog/aufenthg_2004/__36a.html?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

Here you can read an article that goes into the rules in more detail:

https://familie-asyl-net.translate.goog/ausserhalb-europas/verfahren/terminvergabe-1?_x_tr_sl=de&_x_tr_tl=en&_x_tr_hl=en&_x_tr_pto=wapp

The links are in English via online translation.

To get a visa under family reunion to your husband, he will first have to change his residence status. If he is doing a job that requires a qualification, he could change to a residence permit for skilled workers. Alternatively, after 5 years in Germany (including the time spent in the asylum process), he can apply for permanent residency. There are, however, other requirements for this than being in Germany five years.

Best,

Éanna

answered Mar 1 by mbeon-Éanna
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