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Applying for permanent residence permit after marriage to German

Last activity 04 May 2021 by TominStuttgart

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ohphoto

I came to Germany with work visa first. Then, I got married to a German citizen and got a 3-year residence permit after marriage. The permit expires at the end of this year and I am eligible to apply for permanent residence permit. I am planning to take a B1 german language certificate test (Telc) soon but I am not sure if my German skill is good enough to pass the exam (I only spoke English at work and also only spoke English at home too...). What happens if I cannot pass the permanent residence permit application since my German is not good enough? Can I still get a temporary permit to stay here and retry? Or, can I just apply for another short-term residence permit instead of permanent residency until I am more confident with my German skill?
I would really appreciate your comments. Thank you.

Theo123456

I applied for a permanent residency, despite the fact that some of my studies l did here they still needed B1, so l enrolled for B1 but l couldn't write the exams because of Corona. So they said they were going to give me a normal id (I don't really know what they meant) until l write my exams. So far they have sent me what is called an online id(I don't really know what it's purpose is) and am expecting an id soon.

ohphoto

Ah I see. At least in our region, normal TELC exam schedule seems to take place at VHS, so I am not sure if the same situation would be applicable. I am also not sure what "normal ID" means. Maybe some kind of temporary ID card in this case? Thank you for the comment.

Manuelio

You should be able to apply for a time-limted permit again, if you can't meet the language requirement right now.  Germany isn't that harsh (speak German or  get tossed out) :).  Someone I know from my high school moved to Germany as well, but like 8 years before I did.  Yet I got permanent residency in 5 with the earliest timelines, whereas she hasn't yet even though she has been eligible for a while (forgot the exact reasons why she said she hadn't gotten permanent residency yet).  You can still apply for 2 or 3 year permits.  But why not plan to study all spring and summer so you can take B1 in the fall before you apply for permanent residency?  Should be enough time.  Good luck.

ohphoto

Ah ok, I feel relieved :)  Yeah, I am trying to study German a little more seriously now. Let's see how it works out.
Thank you!

TominStuttgart

If one doesn’t meet requirements for an unlimited residency or settlement permit then they should likely be able to once again get a limited one. These 2 later mentioned ones are referred to as “permanent” but I refuse to use this term because it is misleading. Unlimited does not mean permanent. It means one has no limit to how long they can stay BUT if they leave for more than 6 months then they lose their residency. If one has a settlement permit it is a bit better, one can leave for up to a year or even longer if going to other EU countries with the intent to return and having work to support themselves upon returning if announced before leaving.

One needs to pass the B1 German exam for either permits or for naturalization. German is not the easiest language to learn but to reach B1 is not so hard. That one can live so long in Germany and not bother to make the effort is pretty strange. Even inaction has consequences; so if you want to have a better residency status you simply have to do the work. I would suggest taking a private tutor if you feel insecure. This can be much more effective than normal courses and not necessarily any more expensive if one finds someone privately rather than over a language school. Many university students are quite capable and willing to do such a job.

Manuelio

That's not entirely true.  If you have either the Niederlassungserlaubnis or the Daueraufenthaltserlaubnis EU, you can keep it without restriction regardless of time abroad if you're either married or in a civil partnership with a German citizen, or lived in Germany 15 years before you move abroad.  I know because I have the certificate for it (my wife is German but we live in Denmark right now).

TominStuttgart

Manuelio wrote:

That's not entirely true.  If you have either the Niederlassungserlaubnis or the Daueraufenthaltserlaubnis EU, you can keep it without restriction regardless of time abroad if you're either married or in a civil partnership with a German citizen, or lived in Germany 15 years before you move abroad.  I know because I have the certificate for it (my wife is German but we live in Denmark right now).


Daueraufenthaltserlaubnis EU is a special long term residency permit that will allow one to also go to work or study in other EU countries. Unless one plans to leave Germany for other EU countries it doesn't bring any extra benefits. If one moves long term, then they will still need to eventually get one from the new EU country as the one issued by Germany will automatically expire after max. 6 years. So it is not only time limited but just to those countries and not everywhere.

This is all explained in the link below from the official Germany Immigration Authority BAMF. And while this gives a good and flexible pathway for long term residing in Europe, for the OP it is no solution to the problem of language since it doesn't exempt one from needing the B1 level exam.

https://www.bamf.de/EN/Themen/Migration … nternet571

Manuelio

This website from the Berlin office indicates the exceptions and clearly indicates the time and location rules do not apply for those certain exceptions:

https://service.berlin.de/dienstleistung/324921/https://www.berlin.de/einwanderung/aufe … ltstiteln/

I received the mentioned ' Bescheinigung' from the foreigners' office in Hamburg. 

Found in the legal code here: §51 (2) S. 2 AufenthG

You have to go and request the certificate, and pay a modest fee (I paid EUR 18).  In my case, I was able to because my wife is a German citizen.  The exception I assume, is to ensure families are not broken up due to living abroad if/when they choose to return to Germany (and that there are no restrictions placed on their ability to move back to Germany later due to some predefined rules).  And it is a good family reunification policy, in comparison to the nonsense going on here in Denmark.

TominStuttgart

Manuelio wrote:

This website from the Berlin office indicates the exceptions and clearly indicates the time and location rules do not apply for those certain exceptions:

https://service.berlin.de/dienstleistung/324921/https://www.berlin.de/einwanderung/aufe … ltstiteln/

I received the mentioned ' Bescheinigung' from the foreigners' office in Hamburg. 

Found in the legal code here: §51 (2) S. 2 AufenthG

You have to go and request the certificate, and pay a modest fee (I paid EUR 18).  In my case, I was able to because my wife is a German citizen.  The exception I assume, is to ensure families are not broken up due to living abroad if/when they choose to return to Germany (and that there are no restrictions placed on their ability to move back to Germany later due to some predefined rules).  And it is a good family reunification policy, in comparison to the nonsense going on here in Denmark.


Seems there are 2 exceptions to the EU long-term residency permit running out; being married to a German or if one already had 15 years of residency. Good to know. But again, none of this would apply to the OP's situation.

Bisket

I currently in the process with my permanent residency, B1 is mandatory in germany especially if you plan on staying , until you have that you won't be able to apply for permanent residency, but you get temporary, and PS the exam is not difficult at all basic every day topic one should know in speaking. I wish you good luck.

Chihaya

I think its not only b1 is the requirement. I think you need to attend the Orientierungkurs as well. Attendance plus the exam will be recognized by BAMF.

TominStuttgart

Chihaya wrote:

I think its not only b1 is the requirement. I think you need to attend the Orientierungkurs as well. Attendance plus the exam will be recognized by BAMF.


This is simply confused. You are confusing the situation with newer arrivals getting residency. An integration course and passing the exam is an equivalent alternative to passing the citizenship test.

But people if married to a German and having lived some years in Germany are not going to need an integration course nor do they need the citizenship test for residency, only for naturalization.  And there is no alternative to passing the German exam for anyone when required.

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