Question on Spouse visa

[neobrahman]

Hello,
Let me introduce myself first. I'm an Indian phd student in mathematics in a research group which is a collaboration between two universities: University of Paderborn, Germany and University of Metz, France. According to the regulations of the PhD program, I have to stay 6 months in a year at each place. I've completed 1 and a half years in this program and right now I'm in Paderborn.

I recently discovered this forum, and I would like to ask you some questions regarding visa. My problem is a little complicated, so I need to explain a lot. Please bear with me.

I came to Germany in Sept 2006. Right now I have a residence permit in germany until September 2009. The problem is that I got married recently(in January) in India(to an Indian girl) and I wanted to bring my wife here. I asked at the German consulate in Kolkata(kalkutta), India and they told me that it takes around 2 months to get a spouse visa. So after getting my scholarship extended in February, I got an extension of my residence permit here, which would enable my wife to apply for a spouse visa. She applied for a spouse visa on 6th March at the german consulate in kolkata. At the consulate I was told to follow up here in Paderborn, as they'll send all the papers here. So yesterday I called the Auslaendersabteilung to know about the status of my wife's visa, when they told me that I cannot bring my wife here until I have spent 2 years in Germany, so she cannot come to germany before October 2008. They also told me that she must learn German before coming here. The Auslaendersabteilung does not recognize my marriage certificate(which is attested by the Ministry of External Affairs of the Government of India). So they want me to pay some money for making a private investigation, which would take at least 2-3 months more. You might have realized that since I have to move back to france in September, I could simply ask for a french spouse visa at that point, which would probably take a lot less time, money and effort.


I have the following questions regarding this:

1. Does this law really exist? And if it does, are there any exceptions to it? At the consulate in india I was told that since I was just a phd student, and I wouldn't stay here for more than another 2 years or so, my wife is not obliged to pass the basic level german course. It is only meant for those who wish to settle or work here. They did not tell me anything about the '2 years law', which is quite unfortunate, because expecting to get a visa in May, my wife has left her job, her apartment etc. where she worked.

2. What can I do to bring my wife here to cover the period from May to October? Now that she has applied for a long term visa, can she also apply for a tourist(schengen) visa for germany(or any other Schengen country) for the above period? Can she get a tourist visa(from france or germany) and get it extended after 90 days? If someone from here(or France) invites her to stay as a guest, is it then possible to stay here for 6 months?

I hope my questions are clear. I'd be very very grateful if you could give an answer( or an advice).
Thank you in advance

[gani999]

First off, is your income as a PhD student sufficient to maintain a wife in Germany/France? That could be the biggest reason why they refused your wife's visa.

Second, what documents did you provide to the German Consulate when you applied for your wife's visa? Did you provide copies of your contract (PhD students have them in Europe), proof of your income, salary slips for the last three months, proof of an address in Germany etc etc?

About applying for a French Spouse visa, do you have a titre-de-sejour (or a French Residence permit) already, or does your job just require to visit France off and on? The French won't give your wife a visa unless you are resident in France, and of course, you are earning enough to maintain a family there.

God luck anyway

[neobrahman]

Hi, thanks a lot for your reply. I answer all your questions below.

First off, is your income as a PhD student sufficient to maintain a wife in Germany/France? That could be the biggest reason why they refused your wife's visa.

My scholarship as a Phd student is quite enough to maintain a family. They have not yet "refused" her application as such, they want to do a investigation to verify my marriage certificate(which takes about 3 months), but she can come here only after October, when I have finished living 2 years here.

Second, what documents did you provide to the German Consulate when you applied for your wife's visa? Did you provide copies of your contract (PhD students have them in Europe), proof of your income, salary slips for the last three months, proof of an address in Germany etc etc?

I provided all documents pertaining to my Phd and living in germany, my scholarship letter, address etc. I have not given the salary slips though. I only gave them what they told me to when I went to the Kolkata Consulate to ask what documents are required.

About applying for a French Spouse visa, do you have a titre-de-sejour (or a French Residence permit) already, or does your job just require to visit France off and on? The French won't give your wife a visa unless you are resident in France, and of course, you are earning enough to maintain a family there.

I did have a titre de sejour, but since I have left france I do not have it anymore. But my question is whether she can still apply for a french(or any other country's) schengen visa and come here to stay for 3 months.

God luck anyway

Thanks a lot, I really appreciate your comments and suggestions.

[neobrahman]

Sorry the reply didnt come out right. I wrote inside the quote box...

[gani999]

But my question is whether she can still apply for a french(or any other country's) schengen visa and come here to stay for 3 months.

Yes, that should be possible. She will need your sponsorship letter or be able to show adequate funds in her bank account (don't know exactly how much, I think it is around Euro 3000 or equivalent), and an international medical insurance that covers the Schenegan Area. With this she can apply for a Schenegan tourist visa which will be valid for three months.

But please do not try to get her change her tourist visa into a long-stay one upon arrival in the Schenegan territory. This can cause huge problems.

The Auslaendersabteilung does not recognize my marriage certificate(which is attested by the Ministry of External Affairs of the Government of India). So they want me to pay some money for making a private investigation, which would take at least 2-3 months more

Oh, so even the German Consulate has started this, is it! I thought they didn't need it. Other EU consulates like that of The Netherlands have had it for a long time.

[neobrahman]

But my question is whether she can still apply for a french(or any other country's) schengen visa and come here to stay for 3 months.

Yes, that should be possible. She will need your sponsorship letter or be able to show adequate funds in her bank account (don't know exactly how much, I think it is around Euro 3000 or equivalent), and an international medical insurance that covers the Schenegan Area. With this she can apply for a Schenegan tourist visa which will be valid for three months.

But please do not try to get her change her tourist visa into a long-stay one upon arrival in the Schenegan territory. This can cause huge problems.

The Auslaendersabteilung does not recognize my marriage certificate(which is attested by the Ministry of External Affairs of the Government of India). So they want me to pay some money for making a private investigation, which would take at least 2-3 months more

Oh, so even the German Consulate has started this, is it! I thought they didn't need it. Other EU consulates like that of The Netherlands have had it for a long time.

Thanks for the reply again. Yeah I wouldnt extend the schengen visa...
Actually the consulate in India has misguided us to a great extent. It is the result of their incompetence that we have to suffer. And the worst part is they wouldnt own up to it.

I am talking to lawyers here too to find a solution, will keep u posted on developments! Thanks again for your help and suggestions!