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I went to consulate in my home country and they said since my husband is a EU BlueCard holder and I have not been de registered from Germany I can travel with my aufenhaltstitel and it remains valid. My husband is locally employed in Germany and I am planning to join him and therefore went to apply for the Fanily Reunion Visa but was sent back saying my visa is valid and we cannot issue you a schengen visa when you already have a valid visa. And they also said I can very much travel on that visa. Now my question is will i be stopped at the airport? What if they say that my visa is no more valid? Will they know I was out of Germany for more than a year?


Art des Titels 
  Aufenthaltserlaubnis 
Anmerkung
  30

  • Which kind of Aufenthaltstitel do you hold? – Janka Sep 19 at 3:05
  • Its valid till 2020. But how to know the type? Its a dependant permit as long as my husband is in germany i can stay and work over there...that is all i know? – user18967 Sep 19 at 3:36
  • Its a plastic card – user18967 Sep 19 at 3:42
  • What do the fields Art des Titels and Anmerkungen say? Update your question and quote them in verbatim, please. – Janka Sep 19 at 12:06
  • Art des titels aufenthaltserlaubnis and anmerkungen in the next line it says 30 – user18967 Sep 19 at 12:20
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This plastic card telling you


Art des Titels 
  Aufenthaltserlaubnis 
Anmerkung
  30

already is the »Family Reunion Visa« you asked the German consulate for.

That 30 in the Anmerkungen field refers to § 30 AufenthG: Ehegattennachzug zu Ausländern.

Im am inclined to believe the German consulate. They are the official agency. As I understand it, this Aufenthaltserlaubnis stays valid until the expiration date as long as your husband does not leave Germany at the same time as you for more than 6 months, or for a job outside Germany. Caveat: in the latter case, both your husband's and your Aufenthaltserlaubnis becomes invalid immediately. Take care.

You can move to, from and inside the Schengen zone freely with that card.

  • So there will not be any problem even if I was out of Germany for more than an year and my husband switching to a blucard (he had a aufenhaltstitel before and changed to a blu card this august). I can travel with the card now? – user18967 Sep 19 at 12:37
  • My childs visa says its valid till 6-10-19 as her old passport was expiring on that date but now she has her new passport. Also in the footnote it is mentioned titel valid till october 2020...will it be okay if we travel on 5th october and reachgermany on 5th oct itself? – user18967 Sep 19 at 12:43
  • The important part is this is a dependent Aufenthaltserlaubnis. If your husband applied for a BlueCard EU that's okay, but if he picks up work e.g. in France, your German Aufenthaltserlaubnis is invalid on the very same day. You had to apply in France for a familiy reunion visa again. – Janka Sep 19 at 12:44
  • No he is based in germany only. He is locally employed in Germany. – user18967 Sep 19 at 12:46
  • And please clarify my doubts regarding my childs visa as well – user18967 Sep 19 at 12:47
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There are two places that your visa will be checked when you fly to Germany.

The definitive check is when you enter the Schengen area (either in Germany, or somewhere else if you don't fly direct to Germany). That check will be performed by trained immigration officials. Although they may well know that you have been out of the country for a year, they are very unlikely to give a different answer than the German consulate in your country.

The other check is when you board the plane. The airline will get fined if you are rejected at the border, so they will check your documents very carefully. There have been suggestions that airlines will sometimes reject documentation that would have been accepted at the border. However they will definitely have no way to tell how long you have been out of country, so that shouldn't be a problem.

  • Will they deport me if their views are different from the consulate office of my country. Like they might say I have been out of Germany for more than a year and now my card becomes invalid. Although we have not yet been deregistered from Germany. – user18967 Sep 19 at 11:49
  • @Anony Technically I don't think they will deport you - they will just refuse you entry to Germany, and require the airline to take you back to your home country. This is always technically possible, but it is very unlikely. – Martin Bonner supports Monica Sep 19 at 12:35
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Since your residence permit is based on your husband's permit, the rule about a residence permit becoming invalid after a long absence does not apply.

Only if your husband left for a specific time would both be effected.

Your residence permit was issued so that you can be with your husband

  • it does not require you to be there all the time

That is why the Cousulate stated that your residence permit is still valid.

The residence permit itself will probably contain the following

  • Art des Titels: Familiennachzug

or

  • Art des Titels: Aufenthaltserlaubnis
    • § 29 Familiennachzug
    • § 30 Ehegattennachzug
    • § 32 Kindernachzug

with 1 or more of the above text in the Anmerkungen field

with that the Border Control will know that you are just returning.
Airlines should know this as well.

  • Thanks for your answer. But my husband held an aufenhaltstitel earlier and then he applied for an EU BlueCard this August. But I and my child have not yet been de registered from Germany. He was out of Germany for a few months but was never de registered and was back in germany before 180 days. So i am a bit confused whether my residence card remains valid or not? The consulate office is not ready to listen to me...all they said is you can travel on this visa but I am somehow very unsure. – user18967 Sep 19 at 11:27
  • @Anony what does text shown after Anmerkungen say? That is what is important. – Mark Johnson Sep 19 at 11:30
  • It just says anmerkungen and in the next line its written 30 after that pass details n validity and also in the last line it says erwerbstatigkeit gestattet and for my child after anmerkungen its written in the next line 32 abs nr 1 – user18967 Sep 19 at 11:35
  • @Anony sorry, my mistake: Art des Titels discribes the type. – Mark Johnson Sep 19 at 11:40
  • Aufenthaltserlaubnis for both my n my child – user18967 Sep 19 at 11:44
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If the German consulate in your home country says your card is valid, then that should be true. There is no valid reason for the consulate to mislead you, as eventually this could create more work for them.

EU law regulates the validity of TCN residence cards and German authorities may have the right to de-register you but they don't have to. Simply leaving for more than 6 month does not invalidate such documents. Border guards also should only have access to your entry-exit records of their specific country. They also don't have the right to question the judgement of the issuing authority and it would mean they'd have to examine all entry- and exit-stamps in your passport. In case of a new passport, they wouldn't even be able to do that.

The Schengen Borders Code does not seem to suggest anything of the contrary. The right of entry with a valid residence card is not restricted by your absence there. The rules laid out in that document regarding refusal of entry also IMHO do not appear to give border guards any rights to make decisions on the validity of residence permits.

  • Yes but will they allow me once I reach Germany? Because they can say my aufenhaltstitel is now invalid since i was away from Germany for more than a year? What then? Is there any possibility of them denying me entry? Or my home country passport control denying me to depart? – user18967 Sep 21 at 15:25
  • Who do you mean with "they"? Didn't you say the German consulate says your document is valid? The Borders code doesn't give border guards the right to revoke your visa. – life-on-mars Sep 21 at 15:32
  • They means border control....those who check when you enter a country first...your passport n visa....german consulate in my home country said the visa is valid...and my daughters visa is valid till 06-10-19 and the title is valid till oct 2020 because her oldpassport expires on 06-10-19 although she has a new passport issued now . And we are travelling on 5th october. – user18967 Sep 21 at 15:39
  • @Anony As I said, border control cannot "revoke" a visa or make a decision on its validity. The residence card is equivalent to a visa according to Schengen Rules. If you're talking about one person only, then a visa in addition to the residence permit should be irrelevant. – life-on-mars Sep 21 at 15:50
  • @Anony you probably should delete you duplicate post btw – life-on-mars Sep 21 at 15:51
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New update from Frankfurt Foreign office auslanderbehorde.

They say my situation is a bit tricky. What the border control will say we dont know. They might or might not let you enter. Chances of refusing entry is very high. Travel is going to be a huge risk, the only point to my advantage is the mail from the visa department of German consulate of my home country wherein I am told that I can travel on this visa. But then there are instances when the border control just refuses you entry even when you have a valid visa. And I guess the rule that as long as my husband is in germany my visa stays valid is incorrect.

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