Moving to Germany with my German wife

Hi,
After a few years living in different countries (currently the UK), we have decided to move back to Germany.

After looking at the information online, it seems to be one of the hardest permits/visas to find information on the requirements and process to get an Aufenthaltstitel as the married partner of a German. (Between us we have applied for and received approx 7 visas for 4 countries)

Can anyone clear up some of the conflicting information we have come across.

Is German health insurance required?
Does my wife need to be employed at the time of application?
Do you need to show German at a level of A1? Does this need to be a test result? (My German is around B1 level)
What are the rough timelines from application to receiving the right to work?

Any other tips/recommendations? We are at least a year away from moving, but want to start looking at how long I'll potentially be out of work for etc.

For clarity, I am from New Zealand and my wife is a German citizen.

Thanks
-@NZ2DE

Doesn't sound like you should have any problems.

You'll both have to get German insurance after arriving. It can take a couple of months to get processed but then the benefits and payments will go retroactive to when you arrived.

Your wife does not necessarily have to have a job lined up but they want to make sure the family can afford a large enough space to live and not need government assistance.

Since you estimate your German level as B1 then the A1 test should be very easy. And yes, it has to be documented. Usually there is a Goethe Institute in most larger cities world wide where you can take such an exam. Not a big deal.

If one is given a family reunion visa then it automatically gives you a right to work from the start, after you have registered and your residency status processed.

The only potential problem that might come up is if you have a serious criminal record that would make you inadmissable. Even arrests but no conviction but for drug or violent offenses could be a problem.

Here is a link to the German immigration authority offical page about family reunification:

https://www.bamf.de/EN/Themen/Migration … -node.html

• Is German health insurance required?

Yes, every resident in Germany needs it!

• Does my wife need to be employed at the time of application?

No, but your living expenses must be assured (e.g. savings).

• Do you need to show German at a level of A1? Does this need to be a test result?

Yes.

• What are the rough timelines from application to receiving the right to work?

Depending on how inefficient, understaffed and/or overworked the Ausländeramt in charge is (i.e.that of the town you want to move to), the visa application takes 3 - 6 months. After arrival, allow 1 - 3 more months to set up all the formalities before you can actually work.

Yes, it is all terribly (and needlessly) complicated!

Thanks for the responses (and sorry for the delay in responding).

Can I apply meeting the above requirements (health insurance, savings/wife working, German language test, and then leave the country on a fly in fly out sort of scenario to work until the visa is approved?

I currently work in the UK with a German company who I could relocate to Germany with, however having this visa would make the process easier and salary negotiations etc a bit smoother.

Or must I stay in the country until it is decided?

Sorry, you can only work AFTER all the formalities are done and the visa issued.

Otherwise this would be a loophole for illegal work - make a visa application anyway and then work until it is rejected!

Sorry, I might not have been clear enough.

I would remain working in the UK whilst the application is being considered. Eg. 10 days working in the UK, 4 days back in Germany or something similar until it was approved. Once approved, the company I work for could then transfer me to a German contract and work within Germany.

Or do I have to remain in Germany for the whole processing time.

Alternatively I have also previously held the 5 year EU family member visa in the Netherlands (through my German wife) which I believe I can now apply for in Germany as well.

When I applied for this in the Netherlands, you are given the right to work for the duration of the waiting period (6 months). Is this also applicable in Germany?

Would this have any affect on my right to apply for Citizenship when the time comes?

When I applied for this in the Netherlands, you are given the right to work for the duration of the waiting period (6 months). Is this also applicable in Germany?     -@NZ2DE

I have never heard of this and doubt it exists in Germany - for the reasons I mentioned above.

You asked whether you have to stay in Germany during the visa application processing time? Of course not, on the contrary: You should NOT stay (and under no circumstances work) here before you have the visa and permit - it would be illegal!

If one is given a family reunion visa then it automatically gives you a right to work from the start, after you have registered and your residency status processed.


    -@TominStuttgart

Hi,

By this do you mean that by applying for the Familiennachzug visa via the embassy, the Aufenthaltstitel will be approved quicker once you move?

Or is there no correlation between having that approved and the process within Germany? My understanding was that it was sent to the local Ausländerbehörde for approval.

Cheers

@NZ2DE The processing speed really depends on the local Ausländebehörde. Many of them are understaffed and overworked, so you can expect many months of waiting without a possibility to get any information about the status.

It's sad, but there is nothing you can do about it (other than not coming here).

Q: If one is given a family reunion visa then it automatically gives you a right to work from the start, after you have registered and your residency status processed.

A: As far as I know, Once they approve the visa for the one you are sponsoring, they come to Germany and once they arrive, they need to finish the process with the "local Ausländerbehörde for final approval". In that final approval/meeting, you tell them the person needs a work permit and they will issue you one. If you don't ask, some case officers will not issue it. If they don't, you will have to go back and apply for one. Something to also keeep in mind, once the family member works for a period of no less then ONE year, they are entitled to be register with the " Arbitesagenture" which, God forbid, you stopped working after a year, they will pay for you to get training to get you back to work.

Q:

Sorry, I might not have been clear enough.

I would remain working in the UK whilst the application is being considered. Eg. 10 days working in the UK, 4 days back in Germany or something similar until it was approved. Once approved, the company I work for could then transfer me to a German contract and work within Germany.

Or do I have to remain in Germany for the whole processing time.

A: beppi is right

Sorry, you can only work AFTER all the formalities are done and the visa issued.

Otherwise this would be a loophole for illegal work - make a visa application anyway and then work until it is rejected!

As far as I know, you have to remain in Germany once you submit your documents for final approval to the Ausländerbehörde.

Also, you mentioned working for a company that will transfer you to Germany. Make sure you read your contract and be careful with the "TAXES". Germans are very sticklers when it comes to taxes, your remuneration must be clearly stated in the contract. I would suggest for you to obtain something called "Lawyer's insurance" in Germany, most banks sale them and when your company gives you the contract, have an attorney read it carefully and put some emphasis on the remuneration, the sponsoring, who is paying the German taxes, leave vacation, sick time, retirement, lodging, all the 9 yards.

Finally, Germany is one of the safest countries I have seen and the cleanest, but people in Germany do not know how to mind their business and the first think they know how to say is" NEIN" [NO]. So, you have to have a lot of patience to deal with their way of life.

I hope this info will help you make your decision.

@NZ2DE

***

@pbern2 Thanks for your informative posts.

I just want to make two corrections:

• Foreign health insurance is NOT accepted in Germany - even if you have one, you need to join a German one (compulsory fo all residents here!).
• Newly arrived foreigners are NOT eligible for Bürgergeld or other governmeltal assistance. The family reunion visa might even be denied if the family finances aren't sufficient for survival.