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German Law/Family Spousal Visa


Dear Andreas Moser,

I recollect us writing to you from

Now we are in a very depressed and sad situation.

Our situation is,

My wife, She is a German National, She currently lives and studies Engineering Masters in Germany. Myself, Indian Passport Holder, Have just completed my engineering Masters from New Zealand, awaiting for Transcripts, Lives together with my wife in Germany in Schengen Visa which will expire on March 25th.

Our problem is,

When we called the Auslaenderbehoerde - foriegn affairs , they replied i have to fly out of germany to India and apply for residence permit or spousal visa from there and wait for three months or more to comeback here.

In this situation when my wife is studying now it is hard for her to come with me and live in India during this period and flying back and forth to india and living apart from just being married will hurt us and bring a huge depression in our lives.

She has her exams on until March 5th, and we also planned our church marriage on May. as we did not know about these problems before.

Can you help us on what we should do now so i can go along to live here and work and stay in Germany without have to move. We greatly await for your reply and advice on this if there is a way then what should we do ? and whom should we meet?.

kind regards
Enoch and Alex

Hello Enoch,

have you tried to get a date for the marriage with the registrar's office ("Standesamt")?
If they give you a date for the marriage during your stay in Germany, you don't need the permission of the Ausländerbehörde.

The other alternative is to go to another country within Schengen before 25 March and to get married there. Traditionally, Denmark has been very liberal and easy and quick. As it is an EU country, its marriage is fully recognized in Germany.

If you do not wish to return to India in between your Schengen visa and the new marriage residence permit, you could both (pretend to) move to a neighbouring Schengen country and apply for an EU residence card. This is much easier to get than a German residence permit, but your then wife would also need to pretend to live or work or study in a another EU member state. As it will be in Schengen, nobody will be able to control where you will really stay.

Andreas Moser

German Law

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Andreas Moser


Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.


Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.


2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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