reunification of my wife in Germany
September 24, 2009 | 20,00 EUR | answered by Andreas Scholz
I am German and married to a woman from Vietnam, but the family reunion was denied due to dubious claims of a sham marriage and not being long-lasting. Therefore, I have now gone to Vietnam so that we can still live together. Is there any possibility at all to live together in Germany? I have heard that after living together in Vietnam for several years, the denial cannot be upheld anymore, is that true?
Dear questioner,
The relevant regulations for your wife are based on the Residence Act.
According to §28 of the Residence Act, the foreign spouse of a German is entitled to a residence permit if the German spouse has their habitual residence in the federal territory.
An exception applies in case the maintenance of the incoming spouse is not secured. In this case, the foreign authority should usually grant a residence permit.
The claim that there is a sham marriage is merely an allegation based on your information. You had the opportunity to appeal against the rejection decision. However, I suspect that the deadline for an appeal of one month has already passed.
For a new application that your wife can submit, it is currently important to know how long you have been in Vietnam, as your wife can only receive a residence permit if you have your habitual residence in the federal territory.
In conclusion:
Your wife can submit a new application for a residence permit according to §28 of the Residence Act. This permit should generally be granted by the authority. The claim of a sham marriage would have to be proven by the authority, and you have the legal remedies of appeal and lawsuit available. However, a new application assumes that you have not been in Vietnam for too long, so the authority can still assume your habitual residence in Germany.
I hope this information is helpful to you.
Best regards,
Andreas Scholz, Attorney
