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problems with extension of my resident permit

Last activity 16 August 2023 by beppi

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kiwiroot

Hello,


I have a question for my Aufenthaltstitel. My husband has Niederlassungserlaubnis. He works at uni. He writes projects and works on them with his coworkers. Now his project/contract ends in November and he is waiting for the results of the new projects he has written. Sometimes the results are announced late.


I don’t have Niederlassungserlaubnis. My Aufenthaltstitel ends this month and Ausländerbehörde tells me they cannot extend it unless my husband brings the new contract beginning from December.


I am an engineer and right now in the job hunt. No luck till now. Also My husband and I both have non-EU passports.


What are my options at the moment? What can I do to extend my permit?

Will I have to go back to my home country if my husband’s new projects delay or don’t get approved?


Thank you for your help.

beppi

I assume you have a family  reunion visa (FRV) , tied to the visa of your husband.

In that case, they should extend your permit until the vaidity of your husband's ends - because you two staying together is the point of a FRV. Did they actually refuse that, or did you apply for a longer extension?

They of course cannot extend a FRV beyond the sponsor's permit (here your husband). If you want that, you need to get permit on your own merit (e.g. by finding an eligible job).

kiwiroot

@beppi


" assume you have a family  reunion visa (FRV) , tied to the visa of your husband.


In that case, they should extend your permit until the vaidity of your husband's ends - because you two staying together is the point of a FRV. Did they actually refuse that, or did you apply for a longer extension?


They of course cannot extend a FRV beyond the sponsor's permit (here your husband). If you want that, you need to get permit on your own merit (e.g. by finding an eligible job)."


My husband has Niederlassungserlaubnis. His permit finishes in 2028.

Mine is not Niederlassungserlaubnis. So I applied for an extension. They said they cannot extend. They need a new contract from my husband's job. He works on project basis at uni. His current project / contract finishes in November. So Ausländerbehörde tells me to bring a new contract from my husband. My husband is waiting for the results of the projects he has written. But the approve or an answer may delay, we may have to wait till 2024.


Hence, my questions and anxiety. what can I do right now and will they send me back to our home country while my husband stays here?

beppi

The situation does not become clearer by repeating what you wrote before.

I still think my assessment is correct, IF you have a FRV (which you neither confirmed nor denied).

But if your Ausländerbehörde sees it differently, they are either corect or you'd have to sue - a lengthy and costly option!

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