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NE holder's spouse: Applying for a dependant visa
Posted on 27/03/2009 1:55 pm
NE holder's spouse: Applying for a dependant visa
Hi,
I hold an NE since 2006.
My wife is applying for a dependant visa now (from India), and hope to join me in Germany from June 2009.
I am wondering what her visa status would be once she is here in Germany and applies for a residence permit. I would be grateful if some of you could clarify the following...
1. What kind of residence permit will my wife get? Will she be issued a NE, or will it be a normal dependant Residence Permit?
2. In case she will only be issued a Residence Permit, will she have the permission to work? I know she won't be allowed to work under normal circumstances with a dependant residence permit, but is there any change since I hold an NE?
3. And if she does get the permission to work(?), would she be allowed to do freelancing?
These questions could have been already answered. If that is the case, I am sorry for the duplication. But my searches proved futile. I could not find a situation where a spouse of a NE holder is newly applying for a dependant visa.
Again, many thanks in advance.
Cheers
ppmunich
ppmunich
Member since 27/03/2009
Posted on 27/03/2009 2:29 pm
Re: NE holder's spouse: Applying for a dependant visa
1. normal dependent residence permit
2. she can work
3. she can freelance too
Read Aufenthaltsgesetz 29.5.1
Regards,
Lacrima
lacrima
Member since 14/11/2003
Posted on 27/03/2009 2:33 pm
Re: NE holder's spouse: Applying for a dependant visa
Thank you for the quick and clear reply. I appreciate that.
ppmunich
Member since 27/03/2009
Posted on 27/03/2009 2:58 pm
Re: NE holder's spouse: Applying for a dependant visa
Hi Lacrima.. A quick follow up question.
Is this para 29.5.1 recently added or modified? My understadning was that the residence permit of a dependant spouse does not allow her to work for the first year, unless she finds a employer who is willing to get her a work permit.
From 29.5.1, I understand that she is allowed to work without any time restriction (no first year restriction). Is this correct?
Thank you once again.
ppmunich
Member since 27/03/2009
Posted on 27/03/2009 3:01 pm
Re: NE holder's spouse: Applying for a dependant visa
Just to give you an idea of what you'll be going through.
Concerning question 2: She will be initially given a normal dependent residence permit with no right to work, and could be sent to intensive language courses. In case she gets lucky and finds a job after some time, she'll have to apply for a work permit based on a work contract, and this is a long and hard process especially these days.
Concerning question 3: Same applies here, although it could be even more difficult in this case to get the work permit.
Good luck.
AxEnNeSo
Member since 15/03/2006
Posted on 27/03/2009 3:04 pm
Re: NE holder's spouse: Applying for a dependant visa
Thankx AxEnNeSo.
So nothing is different just because I have an NE! Atleast when it comes to dependant visa. What a waste! 
ppmunich
Member since 27/03/2009
Posted on 27/03/2009 4:55 pm
Re: NE holder's spouse: Applying for a dependant visa
@AxEnNeSo
Could you please give us the legal basis which supports your statements ?
@ppmunich
I dont see a reason why your spouse wouldnt get the right to work from day one when the 29.5.1 explicitly says that she "must" get it.
Regards,
Lacrima
lacrima
Member since 14/11/2003
Posted on 27/03/2009 5:50 pm
Re: NE holder's spouse: Applying for a dependant visa
29.5.1 doesn't mention how or what the process to follow is.
I am giving you my personal experience. My 2 cents.
AxEnNeSo
Member since 15/03/2006
Posted on 27/03/2009 6:20 pm
Re: NE holder's spouse: Applying for a dependant visa
"I am giving you my personal experience."
Your personal experience may not be applicable directly to the situation of the Threadstarter.
For example what was your exact residence status when your spouse arrived to Germany ?
The Threadstarter holds NE, was that the case for you too at that time ?
If you were holding NE at the arrival of your spouse, did you challenge the decision of the officials regarding the work permit status of your spouse by supporting your defense from the law paragraphs or did you just accept what they have told you ?
Regards,
Lacrima
lacrima
Member since 14/11/2003
Posted on 27/03/2009 10:50 pm
Re: NE holder's spouse: Applying for a dependant visa
Regardless of what my status was, the paragraph from the law doesn't differ between NE and AE, read it again.
It's not about me, it's about ppmunich, and I'm just giving him an idea of what he might get into, so chill out.
AxEnNeSo
Member since 15/03/2006
Posted on 28/03/2009 12:18 am
Re: NE holder's spouse: Applying for a dependant visa
"Regardless of what my status was, the paragraph from the law doesn't differ between NE and AE, read it again."
it does differ actually.. so you better read it again too..
NE means "Erwerbstätigkeit gestattet"
AE does not mean necessarily "Erwerbstätigkeit gestattet"
and the law says
Die Aufenthaltserlaubnis berechtigt zur Ausübung einer Erwerbstätigkeit , soweit der Ausländer, zu dem der Familiennachzug stattfindet, zur Ausübung einer Erwerbstätigkeit berechtigt ist .
Regards,
Lacrima
lacrima
Member since 14/11/2003