Family reunion

Question

My lawyer applied a resident permit for my wife according to Aufenthaltserlaubnis nach $ 30 AufenthG, The Ausländerbehörde replied my lawyer that according to this paragraph a visa procedure must take place. My wife and I have being living together for 3years now, I have paragraph 25b. ABS. 1 S . 1 she is also attending integration course for 8 months now. We have family Versicherung together, she has been benefits from me for 3years we have been living together. I am working, i rent a flat which i add is name on the Wohnung Vertrag.  The Ausländerbehörde want my wife to process a visa. My wife has been in Deutschland since January 2020. Please I need advice on what to do. My wife cannot go back to Nigeria

Answer 1

Hi @Dickson

The visa procedure is a central requirement of an application for a residence permit. The authorities have some discretion in certain cases to process a person’s application without the visa. An example would be if there was a small child involved and it would mean a lengthy separation between parent and child. But even in such a case it can be difficult to make this happen. In all other cases, a person has to get a visa. If your wife cannot go back to Nigeria, then she has to explain and prove to the authorities why this is the case.

Best,

Éanna

Comments

I have make a research of the visa procedure it takes longer time to get.My lawyer has re applied for a residence permit according to Section 25b Paragraph 4 of the Residence Act. Since I have paragraph 25b.1, please you can also make some emphasis on this paragraph my lawyer did for my wife. I will be glad to hear from you.i want to be sure if the paragraph is fit for my wife

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Do you have specific questions about paragraph 25b, section 4? Your wife must have at least A2 level of German and together you must be able to cover at least half of your combined living costs through work. She does not need to go through the visa procedure for 25b, section 4.

As regards paragraph 30, even if the visa procedure in Nigeria takes many months, it is still seen as reasonable to require a person to go through it.