German national, married to Canadian. Application for residence permit language requirement.

9 posts in this topic

Hello,

 

so basically my husband is a German national who was living in the UK but due to BREXIT has moved back to Germany in June.

 

I am a Canadian, and we are expecting a child in October. I have tried to make an application for a residence permit because I have 90days on a visa. Due to corona it has been very hard to get into contact with anyone at the immigration office and get an appointment. I have submitted all documentation for an application online and I have been emailed back from someone at the office asking me for an A1 German certificate. I had explained to her that I was not aware that I needed one because the embassy explained to me that I did not need one and that I should be able to apply for my residence permit in Germany once I arrive.

 

My question is, has anyone been through this situation before? I am really confused about the certificate, and if it is something I need I am really getting stressed out as I am in a high risk pregnancy and want to avoid all stress. Is there any other way around this? 

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Similar, related questions have been asked here before, try searching, the info you need might be here somewhere.

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3 hours ago, Naima said:

I have been emailed back from someone at the office asking me for an A1 German certificate. I had explained to her that I was not aware that I needed one because the embassy explained to me that I did not need one and that I should be able to apply for my residence permit in Germany once I arrive.

 

The law is not very well worded, however, the spouse of a German citizen requires A1 German. If the ABH follows the letter of the law, they are not allowed to issue you a residence permit as a spouse of a German citizen if you don't have at least A1 German. On the other hand, as a parent of a minor German child it is possible to obtain a residence permit without any knowledge of German, but only after the child is born.

 

An explanation of how to interpret the law can be found here:

 

https://www.toytowngermany.com/forum/topic/377097-language-requirement-for-wifes-visa/

 

 

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I am a U.S. citizen and my wife is German.  I had to provide the A1 certificate in order to complete the Aufenthaltstitel application after I retired.  The agent at the Ausländerbehörder would not budge on this.  I took the test and delivered a the certificate to the agent.  When I eventually received my Aufenthaltstitel, the clerk (not the agent) told me I needed the B1 certificate if I wanted a permanent Aufenthaltstitel when my initial 3-year Aufenthaltstitel expired.

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18 hours ago, RedMidge said:

I suggest your German husband needs to contact the Auslanderamt and talk to them.

Are you already in Germany? 

 

Yes, I am already in Germany. I have arrived in the beginning of July but had to do 14 days of quarantine due to corona. Once my quarantine was complete I registered in Munich and started the application for my residence permit. Yesterday I got a response to my online application talking about an A1 language certificate 

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Well, then I would start swotting for the A1 exam, here's a bilingual German/English book at 9.99€: https://www.amazon.de/Deutsch-ganz-leicht-Selbstlernkurs-Arbeitsbuch/dp/319507480X

 

Reading sample from that book: https://bookview.libreka.de/preview/100010/9783195074803

 

9783195074803_14.jpg.43e71b745177fe38059

 

The Telc A1 exam then costs from 90€ in  Munich: https://www.telc.net/pruefungsteilnehmende/pruefungszentrum-finden.html?tx_telcexamcentres_map[filter][country]=Germany

 

For example: 

***********************************************************

 

Or if you prefer, you can book a course, but it will cost you more, e.g.:

***********************************************************

 

And here you can find original A1 exams, published directly on the Telc website: 

Either one of the two above kinds of A1 certificate will do.

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How good is your German anyway? I expect it's rudimentary/non-existent? Completely fine, as mine was too when I moved here from Holland, though I could 'sort of' pretend to speak it because I spoke Dutch. But, really, it was quite shit. They didn't require me to show proof of A1 though (I'm American, she is German). I don't understand why, but maybe they presumed I spoke basic Dutch, and that showed I could easily learn basic German? No idea.

 

My point is it all depends on your case worker, so I suggest you do indeed try to learn A1. If you need more time due to the pregnancy, they would likely give you a Fiktionsbescheinigung or something (an extension basically). You'll just have to give it a shot and see how it goes. The ABH aren't bad, and given the anecdotal evidence I have heard, much better and more flexible than the Home Office and UKVI.

 

Good luck!

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Hey Thankyou all for your response.

So I do have an update, I basically visited the ABH, and at first was met with a lot of resistance. There was absolutely no available appointments for the A1 certificate in my area until the end of September. I explained, they didn’t seem to care.

 

Surprisingly when I finally gave up and let them know that this is way too much stress and at this point I’d rather just ask an airline if I’m able to travel back to Canada at 32 weeks because this is really not worth it to me, I was offered a Fiktionsbescheinigung.

 

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