Blue Card Renewal with Spouse

9 posts in this topic

Hi all -- love the wealth of information here, but have yet to come across a solution to what I can do / should expect with my blue card situation.  My wife and I are both Americans in Germany since Jan. 2014.  I have the Blue Card by virtue of my job (unlimited contract) and my wife, at first, received a 1-year residence permit to be with me, extendable pending the completion of an Integrationskurs. She has since completed the course and has a B1 language and Leben in Deutschland certificate.  She was able to get an extension of her residence permit up to the expiration date of my Blue Card -- Jan. 2017.

 

Now, we have to figure out the best way to renew our permits.  Based off what I've read, I'm eligible for the Niederlassungserlaubnis assuming I can get a B1 certificate, since I've been employed / contributing to the pension system and here for > 21 months.  But the big question is -- what happens with my wife?  Is she granted one with me provided she can show the same?  Or will she get another renewed Aufenhaltstitel with a limited time frame attached?  She has been employed since June 2015, has an unlimited contract now as of January 2016 and has a Masters Degree, but her salary falls just under the Blue Card limit so I'm assuming she won't be able to follow the track I did.

 

I guess where I'm getting a bit confused is that she is tied to me in many aspects of her allowance to be here (her visa expires the same day mine does, etc.), but we likely will have to apply as though we're two separate people for two different things.  Am I overthinking it?  Has anyone else been in a similar situation?

 

Many thanks in advance for your help!

 

 

0

Share this post


Link to post
Share on other sites

My two cents - I think when you apply for the  Niederlassungserlaubnis  you apply as a couple and provided (both of) you can show B1 fluency in 21 months or A1 in 33 months you should get it and that would be it. My understanding is that as long as her current permit is as your spouse and not a blue card of her own, you should be able to apply together. Only the blue card holder needs to show that they have been contributing towards pension and other systems as well as show that you have not and will not be living on benefits.

 

You can check the bamf site or check with the ABH or if you intend to apply for the Niederlassungserlaubnis through an agency, you could check with them.

0

Share this post


Link to post
Share on other sites
On 2016-01-25, 3:03:54, Ben21 said:

 She has been employed since June 2015, has an unlimited contract now as of January 2016 and has a Masters Degree, but her salary falls just under the Blue Card limit so I'm assuming she won't be able to follow the track I did.

 

I guess where I'm getting a bit confused is that she is tied to me in many aspects of her allowance to be here (her visa expires the same day mine does, etc.), but we likely will have to apply as though we're two separate people for two different things.  Am I overthinking it?  Has anyone else been in a similar situation?

 

 

You can apply now for an NE if you have reached B1 German or you can apply in September without a language certificate. You wife can apply for an extension of her dependent permit when it is time for her to renew it and can apply for an NE in January 2019.

 

9 hours ago, uma.e said:

My two cents - I think when you apply for the  Niederlassungserlaubnis  you apply as a couple and provided (both of) you can show B1 fluency in 21 months or A1 in 33 months you should get it and that would be it. My understanding is that as long as her current permit is as your spouse and not a blue card of her own, you should be able to apply together. Only the blue card holder needs to show that they have been contributing towards pension and other systems as well as show that you have not and will not be living on benefits..

 

Why do you think that the OP's wife is eligible for an NE?

0

Share this post


Link to post
Share on other sites

The wife won't get an NE together with the husband. She will only get it once she has done "her" time.

0

Share this post


Link to post
Share on other sites
18 hours ago, engelchen said:

Why do you think that the OP's wife is eligible for an NE?

 

Yes, I maybe wrong there. I was in touch with a relocation agent just last week and from her response I assumed that both of us will get it. She did not say anything about me not getting it. I have mailed her asking for clarification. She only mentioned that the main applicant has to show he has paid in to the social security system. 

 

I am surprised that the OP's wife had to take a language course. Language requirement is typically not mandatory for spouses of blue card holders. I know a few others who came via the blue card scheme and none of them had to prove their language proficiency.

 

You can call the ABH and check about the language requirements but my relocation agent mentioned that you need A1 if applying after 33 months. This was earlier specified in some Blue card related websites, however now they only say NE in 21 months if you have B1 or NE in 33 months.

 

17 hours ago, niland said:

The wife won't get an NE together with the husband. She will only get it once she has done "her" time.

 

How is the wife supposed to do her time? Do you mean the duration? If so, how long? 

0

Share this post


Link to post
Share on other sites

@uma.e Yes, the typical duration of 5 years for NE, unless a BC holder herself, or has a degree from Germany.

1

Share this post


Link to post
Share on other sites

I got in touch with my relocation agent based on the responses here. She in turn called the ABH and sent me this info:

 

"According to the foreign office in Bietigheim-Bissingen, they would evaluate your application on a case-by-case basis. They will check if you are fulfilling the same requirements as your husband (i.e. recognised university diploma, language skills, job at BlueCard level for the last 21 or 33 months, with payment into the German social security). If yes, you may also get the permanent residency at the same time as your husband. If not, you will have to prove a stay of at least 60 months before being able to apply for the BlueCard.

 

Please kindly note that it is always at the German authorities’ discretion to decide what kind of permit is being issued."

0

Share this post


Link to post
Share on other sites
42 minutes ago, uma.e said:

 

Please kindly note that it is always at the German authorities’ discretion to decide what kind of permit is being issued."

 

 

Your relocation agent is useless!

 

The discretion of the authorities is rather limited in many cases and with respect to your case there is no discretionary area; your husband is eligible for an NE and you are not.

0

Share this post


Link to post
Share on other sites

Apologies for resurrecting an old thread. @engelchen In the above thread, you mentioned that the OP's wife could apply for a Niederlassungserlaubnis in Jan 2019.  Is this based on her completing 5 years in Germany or a specific period in her job?

Also once the bluecard holder moves to an Niederlassungserlaubnis, can the spouse continue on the existing residence permit?

0

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!


Register a new account

Sign in

Already have an account? Sign in here.


Sign In Now