Hi,My wife has § 18A AufenthG resident permit living in Germany, and I am an Opportunity Card holder also residing in Germany along with her. I would like to know if she can apply for a spouse visa for me while I am already in Germany and, is it possible to convert my Opportunity Card residence permit into a spouse residence permit without leaving Gemenay? Currently we are leaving in Friedrichshafen, Baden-Württemberg.
However, only one spouse can benefit from family reunification status. This sentence is a little bit confusing. Can you explain why you said that?
Greetings again!
Sorry if this was confusing. Since it wasn't very clear from your question text which spouse will apply for family reunification through the other, I used this expression. As a rule, for family reunification, one of the spouses must have an independent residence permit (for work, education, etc.). The other spouse can only apply for family reunification based on this.
I hope this helps to clarify.
All the best!
Hello @Aiyappas
Thank you for your question!
As a rule, it's possible to change your residence permit from an Opportunity Card to a spouse permit (Familiennachzug) while staying in Germany, without needing to leave the country. However, only one spouse can benefit from family reunification status, so you’ll need to decide whether you’ll switch your status based on your wife’s § 18a permit, or vice versa.
Switching to a spouse permit can offer better working rights, especially compared to the limited conditions of the Opportunity Card. If you apply for family reunification based on your wife’s § 18a permit, it’s usually enough that she has sufficient income, housing, and health insurance. In contrast, if the application is based on your Opportunity Card, authorities may require additional financial proof, such as a blocked account or a letter of obligation, since the Opportunity Card is not a long-term employment visa.
We recommend contacting the local Ausländerbehörde in Friedrichshafen to confirm their specific requirements. Meanwhile you can check our website on the issue:
https://handbookgermany.de/en/family-reunification-for-immigrants
I hope this has been helpful.
All the best!