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I am Australian and I have married my German husband in Germany on a tourist visa. I have been here for 7 weeks. I have moved here fully. I came on a one-way ticket. My tourist visa only has 90 days on it.

I have my German marriage certificate but what now? Will I be able to stay here as I am living here now? I have done all my papers as asked. What visa will I apply for and during the time my visa is being processed, will I be able to stay in in Germany with my husband and maybe study and work? Please help.

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You are lucky. And let me stress this. Lucky. Because this is research you do before you move continents.

As you are Australian, you are exempt from the normal rules that apply. You do not have to go back to your home country and apply from there.

  • You need to go to your landlord (Vermieter) and register with them.
  • With the paper you got from your landlord, you go to the civil administrations office (Bürgerbüro) of your city and register there.
  • With that paper you go to the foreigners office of your city (Ausländerbehörde) get into a long line with all the others and when you get an appointment, you show your marriage certificate and passport. You will also need to prove a sufficient grasp of the German language (commonly called "Level A1"), either through a certificate and a quick oral test there (basically just the clerk asking you simple questions like your name and birth date in German and expecting you to answer in German to make sure your certificate isn't a total self-printed fraught) or if you actually do speak good German, you can demonstrate it there without the need for a certificate (for example by just going through all of this in German yourself).

You need to be at all those steps in person. I'm not sure if your husband is required, but it will help a lot to have somebody who knows his or her way around the German bureaucracy.

If you don't know German yet, the biggest problem might be A1. Try to find a course, work on it and try to do all that stuff above immediately. German Amts are ok, as long as you are prepared, do everything they say to the letter and stay in touch and work something out with them. If you come on the last day and something is missing, that's not going to end well.

  • I will to my local Ausländerbehörde next week with my marriage certificate and all the other paper but nothing proving that I can speak German and I will not have enough time to get it. Will they still let me apply for a Visa to stay or will it be bad news ??? – Maz Jun 9 '18 at 19:10
  • As far as I know, you can only apply with A1 or equivalent. However, if you already got an appointment, go and talk to them. Ask them what you can do. Maybe the have the power to make exceptions and allow you a longer stay while you get your A1. But that's just a guess, I don't know. – nvoigt Jun 9 '18 at 19:46
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    Sadly, that's incorrect. You have to read very carefully. You don't have to prove language ability if the person you are moving to is from one of those countries. For example you are moving to be with your AUS husband already in Germany. You also don't have to prove it if the person you are moving to is from the EU, or is German but you are moving to a different EU state. Because that is covered by EU law. But moving to a German in Germany is covered by German law and that says you need an A1. – nvoigt Jun 10 '18 at 6:47
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    If he is a citizen of the EU and not a German citizen that applies (if for example he's a French citizen and living in Germany). If he is a citizen of the EU and a German citizen then local (German) law takes precedence. Having exercised the right to free movement means you lived in another EU country together for at least 2 years and now want to move back to Germany. That, too is governed by EU law because there is no specific German law for that. – nvoigt Jun 10 '18 at 7:24
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    You don't need a Visa, because you are already in Germany. A Visa is a travel document. You don't want to travel to Germany. You want to stay here. You need an Aufenthaltserlaubnis. And you will get it when you have the needed papers. – Janka Jun 10 '18 at 23:15

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