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Registering in DE without D visa

Last activity 06 October 2019 by beppi

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Edigj

Could somebody suggest what to do in this case? Asking for a friend
His wife is EU citizen. He is non EU citizen from Albania. (He does not need a visa for short stay up to 90 days) They are married and lived in Albania till now.
They just arrived in Germany and went to be registered. His wife was easily registered as EU citizen but for him German authorities are not accepting to initiate the procedure as they ask him to go back and ask for a visa. It will be very difficult for him to go back and apply for visa as it can take the embassy more than 6 months to issue an visa. He does not want to go back as he must take care of her as she is expecting a baby soon.
So can somebody share his experience whether it is possible to register as EU spouse in Germany without having to go back and apply for a visa? As far as I know in UK and Belgium it is possible. But in Germany the authorities where they are living are refusing him to initiate the procedure as they say it is not allowed. Please share your experiences/suggestions

TominStuttgart

He will need to get a family reunification visa and it is supposed to be obtained beforehand. It will depend on them having enough income and a large enough accommodation – and that he is free of serious criminal convictions. It is a straight forward procedure but not guaranteed. At least he will not have to pass a German test which would be required if his wife was German. It’s very recommendable that he does learn German if he doesn’t speak it already if he wants to have job and social opportunities but for the visa anyway it will not be required.

But no, it should not usually take 6 months, probably more in the 3 to 6 week range if he has all of the proper documents. They should have looked into such things before they arrived. And I wonder how they expect to live if she is about to have a baby. Who is working and earning what money? Even as an EU citizen, although the wife doesn’t need a work visa, they cannot just go there and not be able to pay their expenses. No social assistance will be available.  Even EU foreigners first have to live in Germany and work for 2 years before being eligible; otherwise every poor person in Eastern Europe would simply move to Germany and expect to live off of the government.

For more details you should look at the German Immigration Authority (BAMF) website. I don’t want to set a link to it since it has been done is dozens of other threads on this site.

Edigj

Hi Tomin,
Thanks a lot for you feedback. Actually they got enough accommodation and enough savings to support themselves until they are fully integrated in the job market. The think is that there is a backlog as without being registered he cannot work. He has job opportunities but without being a resident nobody is going to employ him. Is it possible for him to be possible to register and start working himself? So they can prove to German authorities they are here to work and not to leech the social welfare. I live in Belgium and here it is possible to register as spouse directly in the town hall without a visa. But it takes the authorities up to 6 months to reach a decision to issue or not the 5 years residence permit. Meanwhile waiting for the residence permit to be issued people can start working

TominStuttgart

I don’t know what you are expecting to hear but if they have said that he has to return to apply for the visa then it is so. Nobody else’s opinion really counts for anything. And as far as I can determine this is in accordance with the laws. Just because things might be done differently in other countries is rather irrelevant. Like I wrote before, they really should have looked into this beforehand. But despite many rules in Germany, there are sometimes exceptions made for real hardship cases. I’m just not so sure that a mere pregnancy qualifies. One can always ask but in the end, the local authorities always decide. One has no right to an exception. It is always based on individual factors. But in the context of a million refugees coming from war zones, just being pregnant is not something extraordinary.

beppi

They were naive to think that somebody from a non-EU country could come to Germany on a tourist visa and convert it to residence permit later!
If they fulfill the requirements (income of €9000/person per year, sufficient living space and German health insurance), a family reunion visa applied for in his home country can take 3 - 6 months, depending on how busy the German embassy and the local authorities of the German town they are moving to are.
After arrival and registration, getting a work permit (allowing free access to the German labour market) also takes time - 6 to 12 weeks from what I heard.
If they want to try, they can apply for an exemption at their local Ausländeramt. But the registration office they visited has absolutely no say in this matter and had to reject him.

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