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?
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?
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.
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?
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
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
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
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.
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