Section 19 settlement permit (Niederlassungserlaubnis) and applying for spouse visa

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Hi All,

 

I have an Niederlassungserlaubnis. The type/classification of it is "19" ... (i.e. Highly qualified Professionals (§ 19 AufenthG)) for the last 4 years or so.

 

I am wondering what requirement a non-EU spouse would have in applying for a visa for Germany.

 

A friend in similar condition said, the sub-types effect the process, and in his case a type "18" required that the spouse be fluent in German of B1 level or above. Other sites seem to indicate this is a blanket condition independent of my status.

 

This site seems to suggest that under my conditions a German requirement is waived: link

 

Quote

Are there really no exceptions?

Sure there exceptions! And you belong to them. Generally, you either have to a well-trained person, refugee or self-employed. A rough list of exceptions:

you have a university degree or corresponding qualification,

Your spouse has a residence permit as:

  • a highly-skilled employee,
  • a researcher,
  • a company founder,
  • a person entitled to asylum,
  • a recognized refugee,
  • a holder of a permanent residence permit from other EU countries,
  • Blue Card EU.

 

Anyone can corroborate this or have a link to the actual law to that effect?

 

Thanks, and sorry if this is a repost.

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The relevant section 30 is here:  https://www.gesetze-im-internet.de/englisch_aufenthg/englisch_aufenthg.html#p0382

 

There's quite a big list of exempt conditions, and perhaps you are covered by this:

 

Quote

 

 the foreigner is in possession of a residence title pursuant to Sections 19 to 21 and the marriage already existed at the time when he or she established his or her main ordinary residence in the federal territory,

 

 

 

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Hi Aihal,

 

I am in precisely the same situation as you were in 2016. I was wondering if “highly qualified” reason for spouse’s exemption from German worked for you? Or is there any other clause that can get the exemption?

 

Thanks and regards

Aarij

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