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I have received a letter from police saying i scratched a car's door while opening my door in parking and left the scene and according to german law its a criminal offense. Since no injury was involved it might be just a fine. But the question I have is , my wife has applied for family reunion visa and whether my record would affect her visa to germany?

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  • so what was the result ?
    – Maaz Rehman
    Dec 20, 2020 at 16:20

2 Answers 2

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What you need for your spouse to be eligible for "Familiennachzug" (Family Reunion) is:

Der Ehegattennachzug zum in Deutschland lebenden ausländischen Ehegatten richtet sich nach § 30 Abs. 1 AufenthG. Der in Deutschland lebende Ausländer, zu dem der Nachzug stattfinden soll, muss danach u.a.:

  • seit zwei Jahren eine Aufenthaltserlaubnis besitzen, deren Verlängerung auch nicht ausgeschlossen ist, oder
  • eine Niederlassungserlaubnis beziehungsweise Erlaubnis zum Daueraufenthalt-EG besitzen, oder
  • eine Aufenthaltserlaubnis für in anderen Mitgliedsstaaten der EU langfristig Aufenthaltsberechtigte besitzen.

The one in italics is probably the one relevant for you: You need to have a residency permit for two years and there is no reason why it should not be extended further.

So is this "Fahrerflucht" an act that would endanger your residency permit or it's extension?

Generally speaking the residence permit will not be extended if you are a danger to society. If you are expected to repeat your crime or commit other crimes like it or if it was a "Schwere staatsgefährdende Straftat" (bascially a crime aimed at destroying the Germans state, spying, terrorism, uprisings etc). Personally, as a layman, I'd say a traffic accident with no injuries, even if it ends up being "Fahrerflucht" is none of those. I am not afraid that you will go through my neighborhood damaging more cars on purpose. So as a normal citizen, I'd say you are fine.

However the law is not for "normal citizens", so please consult a lawyer immediately, even if it's only to get the best representation for your court hearing.

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  • @ArunRavichandran Effects on the visa will likely be 0. Your case must be dealt with properly, but the final result will not be as bad as you fear. Assuming you actually noticed the damage caused, state clearly that you understand that not reporting it was an error of judgement. The repair cost will probably be higher than the fine.
    – Mark Johnson
    Sep 7, 2019 at 6:37
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Since no injury was involved it might be just a fine.

Did you report it yourself to police within 24 hours? Then you can get away with a fine. If not, it becomes a Verkehrsstraftat and goes to court. Regardless how minor you think it might be, and also regardless if you have noticed it yourself or not. A judge will hear witnesses and decide what happened in reality.

  • You need a defence lawyer. As quick as possible. He can also give you advice regarding your wife's family reuinon visa.
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  • hello thanks for the answer. I have a lawyer who is waiting for the case file and he is not sure regarding immigration. I havent reported it with police and thats why i am talking about criminal charge here. I haven't concluded it would be only fine. It is just in law it is written that depending upon the amount of damage it might be from fine to prison. And in case of bodily injuries prison is more likely. Do you have had experience with such cases in reunion visa? I cant see any such experiences.
    – Arun Ravichandran
    Aug 5, 2019 at 11:58
  • If even the lawyer isn't sure, what do you expect from random people on the internet?
    – Janka
    Aug 5, 2019 at 12:59
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    An experience of similar sort which might give me some idea. One can always try right.
    – Arun Ravichandran
    Aug 5, 2019 at 13:11
  • I don't think that would work out. Auf See und vor Gericht ist man in Gottes Hand. is a common German saying. It means At sea and at trial you are at God's mercy. If the lawyer cannot give you a sufficient answer, it means exactly that – not that he's a bad lawyer. It heavily depends on what exactly the charge is. It's uncertain.
    – Janka
    Aug 5, 2019 at 13:15
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    He doesn't have to know about immigration policy but about immigration law. And well, yes, he's a a lawyer, he knows how to read laws and how to read the law comments he has on his bookshelf and he has access to a database of relevant cases as he needs all that for his work on criminal cases, too. So well, yes, he's better at this than a random person on the internet.
    – Janka
    Aug 10, 2019 at 11:54

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