3

I am currently on a dependant visa in Germany. My husband already has a blue card and would get a permanent residence by the end of this year.

Until now, I have been obtaining a visa for my stay here in Germany based on the duration of my husband's contract i.e., the date until which my visa is valid is the same as my husband's. Now if he gets a permanent residence, what would be the validity of my visa?

2

Are spouses who subsequently immigrate to Germany entitled to be issued with a residence permit?

The married spouse of the holder of an EU Blue Card is entitled to be issued with a residence permit. He/she doesn’t have to prove any German language skills, if both partners are at least 18 years old. Otherwise, the marriage must have existed already when the Blue Card holder had established his main ordinary residence in Germany. In case the principal spouse already held another residence title prior to the EU Blue Card, the date of his first-time entry to Germany is seen as decisive reference.

Source: http://www.bamf.de/EN/Infothek/FragenAntworten/BlaueKarteEU/blaue-karte-eu-node.html

From this I conclude that your husband's permanent residence would entitle you to permanent residence. This is in keeping with the importance that EU law places on "family life."

There are a few other questions and answers there regarding the status of spouses of blue card holders.

1

The above answer is absolutely wrong. You are not entitled to permanent Residency (NE) because of your husband. You have to stay in Germany for 5 years in order to become permanent resident or get your own blue card and follow similar path as of your husband. But of course once your husband get a NE you also get a time-limited residence permit (Don't know the length of the permit you get though)

  • Do you have a source/reference for this? – Gagravarr Dec 2 '16 at 11:20
  • You're correct but you might talking at cross-purpose with smyslov and @phoog. You can certainly get a Niederlassungserlaubnis through your spouse and, failing that, you can in any case stay in Germany (which was phoog's point I think). You do need to fulfill some of the conditions but not all of them: Bei Ehegatten, die in ehelicher Lebensgemeinschaft leben, genügt es, wenn die Voraussetzungen nach Absatz 2 Satz 1 Nr. 3, 5 und 6 durch einen Ehegatten erfüllt werden. – Gala Dec 2 '16 at 17:51
  • The question does not include many details but it does suggest the OP has stayed 5 years in Germany with her husband and wonders whether they would both switch status or only the husband. Assuming the husband fulfills all the usual conditions (Lebensunterhalt, Wohnraum), his partner typically would as well, the main question is probably whether the OP has sufficient knowledge of the German language (that's point 7). – Gala Dec 2 '16 at 17:57
  • And if the only hurdle is the five-year residence condition, you certainly don't need to start from scratch, let alone find a job that qualifies for a Blue card. You simply need to wait a few more months/years on a regular Aufenthaltserlaubnis before applying for the Niederlassungserlaubnis. – Gala Dec 2 '16 at 18:00
  • Most likely your assumption is wrong. The OP and her husband has been in Germany for less than four years which is the max length of the blue card. Without blue card or a german uni degree she only can get her NE after 5 years. – TNM Dec 4 '16 at 7:12

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