Reentering Germany

13 posts in this topic

Hello Everyone,
 

I have a question: What happens if a married couple (one of them is a German national) has lived in Germany for a couple of years together and then move somewhere else for some years. What would be the procedure of them coming back to Germany?

 

I believe the German national can just come back but what would be the procedure for the spouse?

 

Background info:

When they got married, the spouse applied for Family reunion Visa and all the required verification etc was done at the time. The spouse also did integrationskurs during their time in Germany.

 

Thanks and regards.

0

Share this post


Link to post
Share on other sites
12 minutes ago, Asiddiqui said:

... the German national can just come back but what would be the procedure for the spouse?

For a non-German, non-EU spouse will need a family visa at the time of entry to Germany, if their goal is to live in Germany for more than 3 months. For shorter visit a tourist visa can also suffice. The spouse will need some sort of visa to enter Germany. 

1

Share this post


Link to post
Share on other sites

Can a visa be applied based on their previous stay and residence in Germany? Or the process of family reunion has to be done again?

 

Side question:

what is the earliest option for the spouse to apply for nationality? (The husband got his nationality through naturalization).

0

Share this post


Link to post
Share on other sites

I would really appreciate if someone can answer the questions in my last message.
and one more question:

If the husband decides to take up a job outside of Germany, can the wife continue to live in Germany if the husband provides for her (financially)?

 

Thanks alot!

0

Share this post


Link to post
Share on other sites

ok - I am not a lawyer, or in any official capacity - so no guarantee as to the validity of my answer (just personal experience):

 

1. reentering Germany after several years, based on "family":

the process hasn't changed. You start over. Just like the first time. You need proof of health insurance, adequate housing, sufficient income, and an "Integrationskurs". If the Integrationskurs was already completed before, on the previous stay, that certificate is still valid.

 

2. acquiring German citizenship

the complete rules are listed here: https://www.bpb.de/lernen/grafstat/projekt-integration/134704/m-05-06-wie-wird-man-deutsche-staatsbuergerin-oder-deutscher-staatsbuerger
in short: lived legally in Germany for 8 years, not been convicted of a crime, can provide for themselves finacially, speak the language at B1-level, and renounce any previous citizenship(s)

3. German spouse not living in Germany anymore
if residence permit was given based on family reunion, the German family member has to live in Germany with the immigrant. They will check that fact every time the Aufenthaltserlaubnis is up for renewal.

1

Share this post


Link to post
Share on other sites

Many thanks for a detailed answer karin_brenig. Just to understand a few things:

 

So we leave with the status that husband is a national and wife is not. Wife has lived for two years in Germany and done her Integrationskurs. So when after some years they want to return to Germany, the process would be as follows:

 

1. The husband will come to Germany and arrange an accommodation and find a job or any other means of living

2. Then he can apply for the family reunion (just like the first time) and invite the wife over?

    2a. What if they come very late and cannot work but have enough to survive in Germany (a property etc), would german Authorities cause problems in issuing visa for the wife?

3. Will the two years they spent together in Germany count when the wife applies for her nationality?

 

Thanks again and best regards.

0

Share this post


Link to post
Share on other sites

as I said before - I am not a lawyer.

 

So, just to be safe, consult a specialized immigration lawyer first. Your questions are getting really detailed, and very specific to your personal situation.

At this point, I can only guess.


2a. I don't know, how much in liquid assets you need to have in your bank account, and how you would prove that this is sufficient for two people to survive "long term". I suggest you use the property to live in (or rent it out to generate income), and find a suitable job to pay for the remaining cost of living (food, utilities, transportation, insurance....)

 

3. I don't think so, I believe those 8 years have to be continued residence (with brief interruptions for vacation etc.)

1

Share this post


Link to post
Share on other sites
12 minutes ago, Asiddiqui said:

2. Then he can apply for the family reunion (just like the first time) and invite the wife over?

Presumably. But it would probably be easier for all concerned to get the visa sorted at the German embassy/consulate where you're living now.

 

14 minutes ago, Asiddiqui said:

2a. What if they come very late and cannot work but have enough to survive in Germany (a property etc), would german Authorities cause problems in issuing visa for the wife?

Sorry, no idea.

 

12 minutes ago, Asiddiqui said:

3. Will the two years they spent together in Germany count when the wife applies for her nationality?

No, 8 (or 7 in some cases) consecutive years of residency are required to apply for citizenship. You can't split up the residency periods.

 

 

1

Share this post


Link to post
Share on other sites

Thanks for quick responses. I am confused with one thing:

 

You both said 8 years are needed for nationality. But isn't that different if your spouse is a German National? Considering that the husband is a German national (He got naturalised after getting married) won't the duration for nationality for the wife reduces to 3 years?

 

Thanks again, I know you guys aren't lawyers but you are giving good information.

0

Share this post


Link to post
Share on other sites
12 minutes ago, Asiddiqui said:

Thanks for quick responses. I am confused with one thing:

 

You both said 8 years are needed for nationality. But isn't that different if your spouse is a German National? Considering that the husband is a German national (He got naturalised after getting married) won't the duration for nationality for the wife reduces to 3 years?

 

Thanks again, I know you guys aren't lawyers but you are giving good information.

 

According to https://www.standesamt24.de/c/deutsche-staatsbuergerschaft-heiraten/ if you are married to a German, you must have lived in Germany for at least 3 years with a valid visa and you must have been married for at least 2.  I don't know if your prior time in Germany counts towards the 3 years.  

1

Share this post


Link to post
Share on other sites
23 minutes ago, Asiddiqui said:

Thanks for quick responses. I am confused with one thing:

 

You both said 8 years are needed for nationality. But isn't that different if your spouse is a German National? Considering that the husband is a German national (He got naturalised after getting married) won't the duration for nationality for the wife reduces to 3 years?

 

Thanks again, I know you guys aren't lawyers but you are giving good information.

 

 

If your husband is a German National == means he has a / or can just apply for a German passport, therefore you can just come to Germany, nothing can stop it, the wife can come as she is married to her husband. It means no need to wait 8 years for anything

0

Share this post


Link to post
Share on other sites
Quote

If your husband is a German National == means he has a / or can just apply for a German passport, therefore you can just come to Germany, nothing can stop it, the wife can come as she is married to her husband. It means no need to wait 8 years for anything

As far as I know, they can argue that you don't have sufficient funds to invite your spouse over to Germany. They have a very specific requirement regarding it (Like how big the accommodation should be, how much one should be earning, etc).

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