Informational Question

Mirza Hussain
Mirza Hussain • 28 December 2022
5 comments
2 likes

Hello all

I hope you are doing well.

I am Mirza from Afghanistan and I came to Germany in the evacuation program on 5 January 2021.

I have a question. I will be working full time after January 23rd. Because my wife is in Afghanistan and I want to bring her to Germany. Also I have a haus with 54 M2 space and I think its enough for 2 person. Some people say that people who have been transferred to Germany in the evacuation program and are allowed to stay according to § 22 Satz 2 AufenthG and have a residence permit for three years. can not  bring their wife to Germany and can not apply for a Family reunification visa. Is this true?

I hope you will be kind and answer my question.

Kategorie
Family reunification

Answers (5)

Moderation
Yara _Community Manager • 1 year ago

Hello Mirza Hussain, thank you for contacting us.

So those that received their residency in Germany according §22 are not barred from family reunification. However, there are some things to consider. First the family reunification requirements are the same as the general family reunification requirements for immigrants, you can read more about it here: https://handbookgermany.de/en/family-reunification-for-immigrants
However, According to § 29 Abs. 3 there is a limitation for family reunification if you have §22 residency. It can only be granted for international law or humanitarian reasons or to protect the political interests of the Federal Republic of Germany. This makes it much harder for those with §22 to receive the right to family reunification. That means, among other things, that the right to family reunification only exists if the marriage was completed before the residency for §22 was granted. Otherwise, the immigration office can decide on their discrepancy whether to allow the residency for family reunification. You can read more information here: https://www.nds-fluerat.org/leitfaden/24-status-bei-aufnahme-aus-dem-au… Unfortunately, it is in German.
So yes, it is more difficult for those that have §22 to achieve family reunification. Therefore, I would highly recommend that you seek out legal counselling that can help you assess your case. You can use our search tool to find counselling near you: https://handbookgermany.de/en/local-information
Or let us know the city you are in then and we can help you find an advice centre close to you.

I hope this information was useful, if you have further questions, we are happy to help.
Best wishes, and I hope that your wife can soon come to Germany.
Yara

Mirza Hussain • 1 year ago

Thank you for your answer. I had read the rules so far.
Does that mean that according to the residence law, I am not allowed to bring my wife to Germany?

I would like to know if I pay all the living expenses for myself and my wife and have a house with enough space, am I allowed to bring my wife to Germany or am I not allowed to apply for a family reunification visa for my wife?
I was engaged before I received confirmation of admission. Because the Taliban took over Afghanistan, we could not register our marriage certificate with the government and my wife did not have a passport either.
That's why I came alone.
Now the security situation in Afghanistan is very critical. Especially for Hazara people.

Moderation
Yara _Community Manager • 1 year ago

Hello Mirza Hussain, sorry for the late reply. Indeed with residency according to §22 it is not easy to reunite with your wife family reunification is only rarely given. Since you were also not married before the §22 was granted this can further complicate things. Therefore, I would highly recommend that you seek out a counseling center or receive paralegal advice to see what options you might have in order to bring your wife to Germany.
If you let me know what city you are in I can try and direct you to a counseling center.
Best wishes
Yara

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