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Spouse Visa rejected!
Creado 16/04/2009 13:13
Spouse Visa rejected!
Hello All,
I am working in Germany since June-2008. I am employed in an German company.
I got married in december-08 and my wife applied for family re-union visa in january from India. In feb end we got a letter from germany consulate in india for marriage verification process. we submitted all relevant papers and fotos. after few weeks we got back the marriage certificate back with a passed stamp on back of it. I followed with the german ausländerbehorde in germany to check with the status. In between i was asked for additional documents such as work contract, appartment contract (54 sqm) etc. All were promptly submitted. yesterday i asked the ausländerbehorde about the visa status and they mentioned that it will not be given. The reason mentioned was " I am in germany since about 1 year and I got married after I came to germany." With this rule my wife will not be given visa.
Is this a valid ground for not granting visa?
Has anyone faced this problem?
What next steps can I do ?
Any suggestions would be helpfull!!
Thanks
VinodN
Usuario desde 23/01/2009
Creado 16/04/2009 14:02
Re: Spouse Visa rejected!
Hi,
Try to convince them by quoting relevant sections of law. If it does not work, then ask for the reason in writing. Consult a lawyer to take up your case.
Good luck.
stutt23
Usuario desde 19/01/2008
Creado 17/04/2009 12:42
Re: Spouse Visa rejected!
@stutt23
What law should he show?
The Beamte is showing him the law that does not allow his wife to come to germany!!
I dont know how they can refuse Family reunion. Take a lawyer.
raj
Usuario desde 27/01/2004
Creado 17/04/2009 15:35
Re: Spouse Visa rejected!
The only way they can refuse the family reunion is if you don't make enough money to grant their wellbeing without using public funds or if you're getting social money or so...what she can't have though is a working visa (meaning she won't have the right to work in DE until you're both married for more than 2 years...). Try to find out if there's an Ausländerbeauftragte service in your city and make an appoinment. Here in Berlin the service is provided by the Senat and they're very-very- useful:
http://www.berlin..../intmig/index.en.html
good luck!
Ari
arianna
Usuario desde 01/03/2006
Creado 18/04/2009 0:52
Re: Spouse Visa rejected!
Hello All,
Thanks for your your suggestions.
Today my company MD spoke to Auslanderbehorde, they are saying the problem is with the rule i mentioned in my post.
Had it been so that i already stayed here for 2 years and still had 1 year VISA then they could have taken approved my wife VISA.
Now they say its impossible to Issue VISA for my wife.
The options what Auslander is suggesting is me going back to India and again reapplying for my work permit and my wife dependent VISA. But here i am worried because in this economic crisis situation will i get VISA?
Next week i am seeking Lawyer opinion, but i don't have hopes with that.
Now i am thinking of getting my wife here on Tourist VISA(for 90days). Will that be problem considering that her VISA (Family reunion) got rejected?
I am thinking of two options to apply for her tourist VISA.
1) I inviting my wife on Visitor VISA, with Verpflichtungserklärung. Also mentioning in covering letter that her family reunion VISA got rejected, so applying for visitor VISA.
2) My wife applying independently through travel agent. With all required documents (Bank balance, confirmed ticket, hotel booking etc).
Suggestions for Tourist VISA application?
In any case i am planning to return to India. And processing VISA again.
Any suggestion!!!
Thanks
VinodN
Usuario desde 23/01/2009
Creado 18/04/2009 12:37
Re: Spouse Visa rejected!
"they are saying the problem is with the rule i mentioned in my post."
So what is that rule ? which paragraph of the law ? Exactly in which administrative regulation ? did you get a written explanation why the visa can not be issued and based on what ?
Take a lawyer.. family reunion can NOT be refused based on what you are saying.. Family is strictly protected in German constitution.. and it is a basic human right as also clearly stated in German constitution.. unless there are other relevant factors in your case which effect the decision, you are being told bullsh.t by the officer who is dealing with your case..
Regards,
Lacrima
lacrima
Usuario desde 14/11/2003
Creado 18/04/2009 13:23
Re: Spouse Visa rejected!
This is to continuation to my previous reply...
What care i should take so that at least she gets Visitor VISA. That time i can use to look for a solution to get residence permit.
VinodN
Usuario desde 23/01/2009
Creado 18/04/2009 13:44
Re: Spouse Visa rejected!
ok.. looks like the law really talks about this 2 year residence thing.. unbelievable..
http://www.aufenth.../aufenthaltsg.html#30
I probably missed this part after they have changed the law.. If I were you, I would even think about a constitutional complaint, as this rule seems to violate a basic human right which is protected in the German constitution..
No idea.. whether it would work out with a tourist visa..
Regards,
Lacrima
lacrima
Usuario desde 14/11/2003
Creado 21/04/2009 11:55
Re: Spouse Visa rejected!
this "two year" law is not new...in 2007 it was introduced and my friend from ULM was one of the "victims" of it and he then just changed the country got new job, both got visa together...and happy ever after...
this is ridiculous how this rule of law is formed that one must be in germany for at least two years and should have at least one more year of visa validity in order to apply for family reunion visa for his/her spouse...
before 2007 this rule was only asking for one year of visa validity from the date of application of family reunion visa, so even in my case AB extended my visa and then took application for family reunion...
bmilan
Usuario desde 06/09/2006
Creado 19/05/2009 8:45
Re: Spouse Visa rejected!
Hello All,
Thanks for your valuable suggestions and inputs.
Continuation to my earlier question, 2 weeks back my wife got the rejection letter stating the reason (law as i had mentioned in my first post).
After that we started applying for Visitor VISA. I got the Formal obligation letter even Auslander(who had rejected my wife VISA earlier) had mentioned in comment section that my wife can come on Visitor VISA.
I sent that letter to my wife along with all other necessary documents (Salary slip, Bank statement, invitation letter etc).
Today my wife had an interview at Chennai for Visitor VISA. My wife said that Chennai authority was rude and was telling that she wont be issued Visitor VISA too as her previous Family reunion VISA was rejected.
In this situation what can i do? can I appeal to some higher authority.
This is ridiculous first when they accepted the Family reunion VISA they didnt say anything about this rule for 3 months and after that they rejected. Now even after mentioning by the same authority who rejected my wife VISA saying they dont have any problem in my wife coming on Visitor VISA, Chennai authority are rejecting this application too.
Any solution or suggestions ...
VinodN
Usuario desde 23/01/2009
Creado 19/05/2009 9:07
Re: Spouse Visa rejected!
sorry if you are rejected once they will keep rejecting ur application,except you reapplied after one year
gwinmilt
Usuario desde 10/04/2009
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