Family

Hello,

Hope every one will be fine

I am iqbal from Afghanistan and, my wife is citizen of Germany and has citizenship of germany and for along time since 2014 she is living in afghanistan.

As when,she got 18 in 2022 she got married with me , now i am kindly ask for the answer of below questions :

1-My wife plan to move back to germany, because in this near time the embassy will grant appointment for the FRV ,so what should do my wife when she arrive in germany?

2-How she will be find home for herself ,because she has been living in Afghanistan since 2014, Will Job center help her in paying the rent of home and for buying any essential tools of the home?

3-Does she can reunite me with herself when she doesn't have work and receiving help from jobcenter?

15 Comments

Reply (15)

My Nguyen_Community Managerin

Dear @iqbalihsas thank you for reaching out to us. Firstly, did you mean by "FRV" a family reunion visa? If you wife is a German citizenship passport holder, she does not need to come to Germany through the family reunification process, she can come through her German passport. Since she has left Germany for quite a while, she will likely need to renew her passport. This should be done at one of the German embassies/consulates of the neighbouring country. She would need to receive a visa and a male guardian to travel to one of the neighbouring countries and renew her passport. Your wife can also register on this website to get help by the German authorities: https://krisenvorsorgeliste.diplo.de/signin 1-After her arrival, she will need to find herself a place to stay and be able to register at the local city hall. She might can ask a friend, family members, etc., if they can provide her a temporary place to stay. On our website, you can find more information about the registration process: https://handbookgermany.de/en/registration 2-After her registration she can apply at the local jobcenter. They will also covering the rent, health insurance and supports with her first furnitures. Please find more information about jobcenter support here: https://handbookgermany.de/en/jobcenter#faq_1212 3-Lastly, there are advantages for family reunification to a spouse with German citizenship. For example, you won't need to show your income or the size of your apartment. You only need to provide a confirmation of health insurance and a language certificate with the level of at least A1. Here you can find more information about the process of family reunification: https://handbookgermany.de/en/family-reunification-for-immigrants#faq_7… Please let me know in case you have further question or you need support in finding the local authorities.

iqbalihsas

Okay, thanks alot. My question is regarding myself, i know that point that she can travel alone to germany because she has her updated passport which let her to travel back germany. Firstly, what should she do when reach to germany for me, because she want reunite me with herself? 2-As she is just Graduated from high school in Afghanistan and she is interested to keep on her study in germany so, how or who will help her to rent home and any other expenditure? 3-Does jobcenter won't help her regarding renting home and any other expenditure which will be conducted to her?

My Nguyen_Community Managerin

My apologies for the misunderstanding, @iqbalihsas Honestly, it would be best to apply for family reunion while she is still abroad with you. 1. However, if this isn't possible, she will still need to register herself. For the start it can help to ask some family members or friends, which might be able to provide some support and give her a temporary place to stay, where she can get a registration. Please note that for a registration in a city hall a confirmation document, called "Wohnungsgeberbescheinigung", signed by the landlady/-loard will be needed. 2. It is very great that she wants to continue her studies! Please check if her high school degree also allows her to study at a university in Germany. You can check the accepted degrees here: https://anabin.kmk.org/no_cache/filter/schulabschluesse-mit-hochschulzu… After her arrival and her registration, she can apply for financial support at job centre. As I mentioned before, they will also support with rent and first furnitures, if she applies for that. Additionally, please be aware, as soon as she starts her studies she won't be eligible for financial support by jobcenter anymore. This means, as soon as she signs in to a university, she can consider to work partially or apply for a federal education fund, called BAfög. Depending on her and her parents income, savings, etc., the monthly maximum granted rate can be u to 934€. After her graduation she will need to pay back half the loan. 3. As soon as she will get financial support by jobcenter, she needs to apply for extra support. For example she wants to live alone, she will need to discuss this with her responsible case-worker. I hope this answers your questions for now. Please let me know if something remains unclear or you have further questions.

iqbalihsas

Thanks a bunddle, for providing such a good information. Excuse me for having more question, below question remaind with me unanswer: 1-it is okay that jobcenter help with my wife in point of renting home, furniture and else, Doesn't help jobcenter for her daily expenditure such as food and other expenditure? 2-So far, anyone who is citizen of germany reunited her or his husband or wife with jobcenter benefits? I mean when he or she receiving help from jobcenter, Does Auslenderbahore let him or her to reunite her spouse with him or her? 3-if she tell jobcenter that i want to reunite my husband with me, Does jobcenter won't extend their financial support because we will be two person? 4-i got appointment in Germany embassy in Tehran, now when she want to move doesn't she need to register married certificate in germany or change her poster from single to married or any other affair which i don't know?

My Nguyen_Community Managerin

Dear @iqbalihsas 1. Actually, it is the other way around. Citizen’s Allowance (“Bürgergeld”) is a basic substance income ("Grundsicherung") provided by the Jobcenter. It is paid to make sure you can maintain your livelihood and that of your family, i.e. pay for food, clothing, hygiene items, electricity, bus and train tickets, etc. Single adults can receive €502 per month, married couples €451 per person. For recipients of the “Bürgergeld”, the Jobcenter also covers rent and heating costs up to a certain level. Please note, that after she got her registration, she will need to apply for Bürgergeld. After receiving a positive feedback from jobcenter, she will need to apply additionally to be able to look for her own apartment. There will be requirements the apartment have to meet or jobcenter might not pay the rent. Therefore, she should talk to jobcenter first before looking for a flat. 2. In general, there are advantages for reunification to a German citizen, e.g. no proof of secured livelihood or the size of the flat and only a language certificate (A1) needs to be presented. Nevertheless, I have reached out to a counselling who has more expertise in family reunion in similar situations. As soon as I have news, I will get back to you. 3. After your arrival and your registration, which also will register both of you as a married couple, you should receive the amount, mentioned above. To be sure, I also asked a council about this matter as well and will let you know. 4. No, in Germany you only count as married, as soon as both are in Germany and registered. Please let me know if something remains unclear.

iqbalihsas

Ok, thanks a bundle. Please let me know once you have receive positive feedback from the organization which you asked for counciling regarding my case.

Anonymous

Updated:

Hello Iqbal, My Nguyen asked me to take a look at your conversation. There is one thing to add: According to the instructions of the BMI on the Directive Implementation Act of 2.10.2007, the securing of of subsistence may be made a prerequisite in the event of special circumstances. Special circumstances could exist in the case of persons for whom it would be reasonable to establish marital cohabitation abroad. This concerns Germans who have lived and worked for a considerable time in the spouse's country of origin and who speak the language of that country. Some of that is true for your wife, thereforesome problems might occur if you apply for family reunification with her. As I'm not a lawyer and don't have an insight into the latest jurisdiction concerning (former) Afghan nationals in similar constellations, I'd recommend your wife to seek legal advice, when she is in Germany. The A1-certificate can be obtained in the embassies of the neighbouring countries these days, as the Goethe Institute in Kabul is closed, so no worries about this prerequisite. Best wishes and please come back to us if something is not clear. mbeon-Christine

iqbalihsas

1-So far, Does Anyone who is citizen of germany reunited her or his husband or wife with jobcenter benefits? I mean when he or she receiving help from jobcenter, Does Auslenderbahore let him or her to reunite her spouse with him or her? 2-if my wife tell jobcenter that she want to reunite me with her, Does jobcenter won't extend their financial support because we will be two person? 3-My wife plan to move back to germany in coming 2 months, because in this near time the embassy will grant appointment for the FRV ,so what should do my wife when she arrive in germany?

iqbalihsas

It is remarkable that my wife is living in the Afghanistan since 2014 she married with me in Afghanistan she know german language very well, and she plan once my appointmemt issued by embassy she will go to germany for processing any affair which is essential for FRV.

iqbalihsas

Anonymous

Updated:

Dear Iqbal, as quoted above, if her subsistence is not secured, this might be an issue. She is entitled to receive social benefits from Jobcenter, but the immigration office might not approve the family reunification if and as long as she receives financial assistance from the Jobcenter. Due to the fact that she has been spending more than half of her life in Afghanistan and speaks the language(s) fluently, they might argue, that you could live together were you are. The problem here is not the Jobcenter, but the Directive cited above, which could be implemented by the immigration office. As the situation in Afghanistan is very difficult, there might be an exemption from the implementation of the directive. Whether or not can only be judged by a lawyer, therefore she should seek legal advice first, when she comes to Germany. Best regards mbeon-Christine

Anonymous

Updated:

Let me just add add another tiny information: As I mentioned yesterday, you can sit your German test (beginners level) at the embassy. There are very useful online devives to help you with the preparation for this A1 exam, which you can find here: https://learngerman.dw.com/en/beginners/s-62078399

Anonymous

Updated:

Dear Iqbal, another fresh information today - enjoy it: The above mentioned directive, though it can still be found in the implementation directives of many immigration offices, is outdated, which means that the recent case law of the Federal Administrative Court is clear here. According to it, a German may not, in principle, be required to live with his or her spouse abroad. Rather, the fundamental right of Article 11 of the Basic Law grants him or her the right to reside in Germany. Therefore, your wife can apply for social benefits and simultaneously for a pre-consent for the family reunification, too. If all the other prerequisites (personal documents and the A1 certificate in your case) are met and the embassy accepts your application, then your wife can apply to her local immigration office in order to obtain the so called 'pre-consent' or 'global consent' ("Vorabzustimmung" in German), which will be sent to the embassy in Tehran, so that your visa can be finally issued. If any problems with the immigration office occur, due to the above mentioned fact that not all application instructions have been updated recently, please get back to us. Good luck and best wishes mbeon-Christine

iqbalihsas

Okay, thanks a bundle. One thing that i should tell you that my wife is afghan but she born in Deutschland that why she has dual nationality afghan nationality base blood and deutschland nationality base of place so, 1-what will be the problem if she was for ten year in Afghanistan meantime she has a valid deutsch passport? 2-As you mentioned that she lived more than half year of her life so, what is the problem she just married with me in 2022, Are not more deutsch for year of year living abroad of germany like in canada, USA and so on? 3-she lived in Afghanistan ,but anymore she is not interested to live in Afghanistan, As she has valid passport of deutsch she want to live in germany that why she want to reunite me with herself because this is the sense of reunification as i am in afghanistan and she is in germany. 4-once again the last question, So far, Does Anyone who has citizenship of germany reunited her or his husband or wife with jobcenter benefits? I mean when he or she receiving help from jobcenter, Does Auslenderbahore let him or her to reunite her spouse with him or her? Because when i asked from lawyer she told me that as a rule Deutsch no need to prove either they have sufficient income or home for living but, foreigner who are not citizen of Deutsch they need to prove their income home and so on.

Anonymous

Updated:

Dear Iqbal, from the legal point of view, your first three points should not cause any problems anymore, as I described in my last thread. The issue is, that some immigration offices or even singular clerks take decisions based on outdated regulations, because they didnn't receive the updates yet. So they might try to reject your application, but this issue can quickly and hopefully without too much effort be solved (with a letter explainig the current legislatuion and jurisdiction, e.g.). As far as the fourth point is concerned, you shouldn't be worried. Once you're holding a residence permit as the spouse of a German, you will also receive social assistance from Jobcenter. Of course, you're expected to end this welfare dependency as soon as possible by learning the language, recognising your diplomas, if you have any, taking up a professional training, studies or a job. We are here to help you with the first steps in Germany either online, either by providing you with adresses of migration couselling services in the area you're going to live. Paragraph § 28 of the Residence act states, that the immigration oofice may not reject your application based on the fact, that she won't be able to cover the costs of livelihood, as she is German. They even cannot put it down it by pointing at the fact your wife being a "special case", as defined above, as this arguemtation is now overcome by the recent jurisdiction which states that as a German she is entitled to determine where she wants to live with you (in this case Germany) even if she cannot cover the costs of subsistence (see § 28 of the Residence Act). Best regards mbeon-Christine

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