the German visa for a spouse as a dependent

Amirmahdi • 3 January 2023

Hello, dear sir or madam,

I have been admitted to RWTH Aachen University for a master's degree in the winter semester 2022-2023, and I have been in Aachen for about 3 months. I want to marry my girlfriend (fiancée) officially in my home country of Iran next summer, so we will have the marriage certificate in the summer.

Now I have some questions related to applying for the German visa for a spouse as a dependent:

  1. For students who marry after arriving in Germany, are there any limitations on the German visa for a spouse as a dependent?

I have read on unofficial websites that Germany does not grant a visa to a student’s spouse who gets married after arriving in Germany or that there is a high chance of rejection. Is there a specific law or restriction just for these students?

 

  1. In addition, I've heard that we must wait for around 2 years after my arrival in Germany before applying for a spouse visa as a dependent for students. After that, my wife can only apply for the visa if I change my visa from student to job-related (or other visas, but not student).  As long as I am still a student, it appears that we cannot apply for my wife's visa. Is there any law that prohibit students to apply the visa for their wife after they arrive to Germany?

With regard to financial issues, I should say that I have a student job at MacDonald’s (20 hours per week) and 10,000 euros in my bank account (Sparkasse). In addition, my fiancée can prove that she has 11,000 euros as well (in his personal bank account, but in my home country); therefore, we won’t receive any support from the Job Center or the Social Welfare Office. Is it possible for students to get the visa for their spouse ? 

Best regards,

Answers (1)

Moderation

Hello Amirmahdi

Thank you for your question!

I can tell you in general which requirements you must fulfil as a student for family reunification. However, the following information cannot replace legal advice that is tailored to your individual case.
In principle, it is assumed that the family member's livelihood is secured, including sufficient health insurance coverage that can be met without recourse to public funds. The entire family income situation is considered for the proof of securing subsistence. In addition, sufficient living space must be available for the family. Securing a livelihood can be proven by a valid employment contract or a tax assessment. If, as a student, you do not have sufficient means to secure your livelihood, a blocked account would be quite possible here, there have to be enough financial means on it or otherwise to secure the individual livelihood of both spouses, whereby this can also be done by one spouse alone. Incidentally, this can also be done by a third party, within the framework of a so-called declaration of commitment (Verpflichtungserklärung) to secure the livelihood. However, a blocked account is usually sufficient. Your girlfriend (wife in the future) needs to proof that she is good in basic German language skill A1 in order to enter the country.
Your residence and status will determine the Germany Spouse Visa Conditions. Sometimes, it will not be possible for the spouse to join the family before the end of his or her studies. Therefor I would recommend you that you seek out legal counselling that can help you with your case. You can use our search tool to find counselling near you: https://handbookgermany.de/en/local-information
Or you can find counselling checking the Migration Counselling Service or the Youth Migration Service here: https://handbookgermany.de/en/family-reunification-for-immigrants#faq_7…
You can read more about family reunification here: https://handbookgermany.de/en/family-reunification-for-immigrants
Best wishes,
Osama

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