Spouse resident permit renewal

8 posts in this topic

Hi, I wonder if anyone can help me with advice about this. I'm an EU citizen living in Germany and my wife is here with her Aufenthaltserlaubnis, obtained in 2013. This permission still has fifteen months to run til expiry but in order to enable us to make plans for this period, I asked the Residency Amt how long before expiry we should apply for renewal/extension.

 

In reply, first they asked for the usual details, which we supplied, of course. They then replied with a list of requirements/necessary documentation. We replied to this to the effect that "thankyou and please advise as to how soon before the expiry date we should make this application". The question wasn't actually answered. Instead they sent an appointment for a date which is more than thirteen months before expiry, and I'm wondering why. Yes, I can ask them, but prefer to ask here first in the hope of getting a bit of input before I get back to them. Is there anything to suggest we might have a problem?

 

Thanks.

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1 hour ago, kangwando said:

I'm an EU citizen living in Germany and my wife is here with her Aufenthaltserlaubnis, obtained in 2013.

 

Does she have an Aufenthaltserlaubinis or an Aufenthaltskarte?

 

 

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An Aufenthaltskarte. I was under the impression that a "Karte" is the proof of the corresponding and existent "Erlaubnis", so to speak, similar to the way in which a driving licence (the physical card or document) is proof of having permission to drive, or the possession of a health card is proof of one's existing right to receive health care. But perhaps not. I look forward to learning whether Aufenthaltserlaubnis and Aufenthaltskarte are in fact different. Thanks.

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26 minutes ago, kangwando said:

I look forward to learning whether Aufenthaltserlaubnis and Aufenthaltskarte are in fact different. 

 

Aufenthaltskarte = permit for dependents of EU citizens issued under Freedom of Movement (EU law)

 

Aufenthaltserlaubinis = permit for third country nationals issued based on the AufenthG (German national immigration law)

 

The rules for the two are completely different. 

 

I would cancel the appointment that you were given and about 4 months before your wife's Aufenthaltskarte expires ask them for an appointment to apply for a Daueraufenthaltskarte.

 

If you have any problems post back here.

 

 

 

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Thanks for your concern.

 

That makes perfect sense. My wife has a permit for dependents of EU citizens issued under Freedom of Movement (EU law).

 

I probably shouldn't ask you to speculate but I wonder why the office didn't answer my (repeated) question about how long before expiry we should apply for renewal. It can hardly be that they didn't understand. I speak and write German and made my question and mode of expression clear, polite, and to the point, I believe. Instead of answering, they made an appointment for over 13 months before it expires. Perhaps it is, not thinking that anyone would ask this question so long before expiry, that they mistook the expiry date in 2018 for the same day and month in 2017.

 

In 2018 we don't expect to be in the country four months before expiry (your renewal recommendation). We would, rather, be here two and a half months before expiry, which might be long enough in advance to apply (do you think?)

 

As I can't imagine that we have any problem, I may contact them again to ask why they'd like to see us thirteen and a half months before the expiry date.

 

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On 08/07/2017, 12:32:11, engelchen said:

 

Aufenthaltskarte = permit for dependents of EU citizens issued under Freedom of Movement (EU law)

 

Aufenthaltserlaubinis = permit for third country nationals issued based on the AufenthG (German national immigration law)

 

My wife is German so I have a Aufenthaltserlaubinis, but if she was, say Spanish" I'd have a Aufenthaltskarte, correct? 

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On ‎08‎.‎07‎.‎2017‎ ‎19‎:‎24‎:‎35, kangwando said:

I probably shouldn't ask you to speculate but I wonder why the office didn't answer my (repeated) question about how long before expiry we should apply for renewal. It can hardly be that they didn't understand. I speak and write German and made my question and mode of expression clear, polite, and to the point, I believe.

 

I'll speculate anyway. :) The ABH is massively understaffed and the person answering the email was probably just someone responsible for answering emails and not immigration law.

 

 

On ‎08‎.‎07‎.‎2017‎ ‎19‎:‎24‎:‎35, kangwando said:

In 2018 we don't expect to be in the country four months before expiry (your renewal recommendation). We would, rather, be here two and a half months before expiry, which might be long enough in advance to apply (do you think?)

 

Two and half months is also alright. You can make an appointment for a few weeks before it expires. Will you still be living in Germany (as your principle residence)?

 

 

 

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