─ Dear editors and dear lawyers of the column “I have the right”!
Please help me figure it out. I got married a few weeks ago. The relationship was formalized at the Russian consulate in Frankfurt. We are both citizens of the Russian Federation. The husband has been in Germany for more than six years, has a residence permit. Works, pays taxes. I am a student and I am in Germany on a student visa. I will continue to study. I am at least two more years old. Should I change the paragraph ─ the reason for being in Germany? Can I, in theory, apply for “reunification with a spouse”? Or, in this case, can I be sent back to the Russian Federation to apply for entry to the German Embassy in Russia? What problems can arise with a paragraph change?
What happens if, for example, I get pregnant and have to take sabbatical? Will I be able to stay in Germany on a student visa? Will it be possible then to change the paragraph? The husband has no plans to apply for citizenship yet …
Rita B., Darmstadt.
─ Dear Rita!
According to the German law on the stay of foreigners, there are several main grounds for obtaining a residence permit. There are actually not that many of them. But even so, as your case shows, it is sometimes very difficult to make a choice.
A foreigner is entitled to a residence permit for education at a higher educational institution as long as there is matriculation (before exmatriculation), and as long as the goals of study can be fulfilled within the prescribed period. That is, in the normal way, training must be completed in the number of semesters provided by the curriculum. But since this is a rare phenomenon in Germany, and there can always be circumstances that delay studies, the maximum period according to administrative regulations is ten semesters.
During sabbatical maternity leave, a residence permit for study may be continued. Therefore, you do not need to change anything for no particular reason. In general, it is usually necessary to think about changing the grounds for a residence permit only at the stages of extending a residence permit, since everything else only creates unnecessary problems.
In addition, now you have your “own” residence permit, and not an accessory one, which is a residence permit “by spouse”. In your situation, if you are going to get a residence permit for family reunification, then later, when there is a child in the family. Moreover, it makes sense to ensure that the child is born already when the spouse has a permanent residence permit (Niederlassungserlaubnis), and he will live in the country for more than eight years. Then the child will receive German citizenship by birth. So do family planning and then until the child comes of age you will not have any problems with a residence permit in Germany.
Lawyer Maxim BRITANOV,
Specialist lawyer for family law / specialist lawyer for migration law,
Law Office Fabrika Prava
Britanow & Dr. Hirsch
Tel .: +49 (0) 69 26 49 22420
www.lawfactory-frankfurt.de
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