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German Law/Married to German - 2 years visa


Hello and thanks in advance for any advice on my case.

I am a 31 years old Syrian, got married to a German lady on Oct-2010. We both are currently living/working in the Arab Gulf region.
We got our marriage registered in Germany last April, and received the German Marriage Certificate from the Standesamt.

I’m learning German language, and soon will be getting the A1 – and will definitely continue on that track.
Every time we want to visit my wife’s family in Germany, I apply for the Schengen 90-days visa thru the German embassy in my current residence country.

Now my questions are, and to ease my process of visiting Germany:
- Am I eligible for the ‘2-years’ visa, even when I’m still working outside Germany? (what’s the exact name of this visa: (long term visa, 2-years visa,…?)
- If yes, where do I apply for that, in Germany or in my residence country?
- Is language a requirement for it?

Again, many thanks.

Hello Sam,

you can only get the 2-years residence permit as a spouse of a German citizen if you and her both live in Germany together (§ 28 I AufenthG). As long as the German spouse lives outside of Germany, there is no possibility of obtaining this residence permit.

If you are ever to move to Germany, you can apply for the residence permit at the German Embassy or get a Schengen visa to go to Germany and then apply there within the first 3 months. There is a German language requirement, but with A1 you will cover that.

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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