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de facto partner visa germany

by Demetris Parker Published 2 years ago Updated 1 year ago
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If you are applying for a Partner visa on the basis of a de facto relationship to your sponsor, you must demonstrate that you have been in this relationship for at least 12 months before the date you lodged your partner visa application. Periods of dating do not generally count towards the 12-month relationship requirement.

Full Answer

Is it okay to apply for a de facto partner visa?

We have not lived together for 12 months, but would like to apply for a de facto partner visa - is that okay? To be granted a Partner visa as a de facto partner, you and your sponsor must show that you have been in a committed de facto relationship for the entire 12 months immediately prior to lodging your application.

Can I extend a visa for my spouse in Germany?

A Visa for Spouse / Relatives of EU / German Nationals can be extended only in a very few and specific cases, like force majeure, humanitarian reasons, important personal reasons or late entry. If you wish to join your spouse or relatives in Germany, you should instead check the German Family Reunion Visa to Join a Relative or Partner in Germany.

How to check the validity of a German visa for spouse?

The German embassy is the only one that decides on the validity of a visa for Spouse / Relatives of EU / German Nationals. When you get your visa sticker on your passport, make sure to check the following tags: From: which contains the very first date you can enter into Germany. To: which contains the very last date you have to leave Germany.

Who is responsible for visas and residence permits in Germany?

The Federal Office for Migration and Refugees ( Bundesamt für Migration und Flüchtlinge – BAMF) oversees visas and residence permits in Germany. BAMF is part of the Federal Ministry of the Interior and Community ( Bundesministerium des Innern und für Heimat – BMI ). Who can move to Germany to join family?

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Can I bring my unmarried partner to Germany?

Unmarried partners are permitted to enter Germany for the purpose of short-term visits of max. 90 days within 180 days. This permission is limited to the following case constellations: Visits by the third-country partner to a non-married/non-registered partner in Germany.

Is there a partner visa for Germany?

You can find out which regulations apply to family visits from the responsible German embassy or from the local Foreigners' Authority in Germany. To apply for a visa for your spouse to join you, you will generally need to provide your passport and a wedding certificate or proof of a registered or civil partnership.

Can I live with my boyfriend in Germany?

There are several ways you can move to Germany with your boyfriend or girlfriend. However, the ease of the process will depend on their nationality, education, and language knowledge. Citizens of non-EU countries can join their partners on a reunification visa only if they are married.

How long does it take to get a spouse visa in Germany?

The processing time can take up to three months. Once the application has been approved by the relevant German authority, the German Mission will issue a visa valid for 3 months. Your subsequent residence permit will be issued by the competent Aliens Authority in Germany.

What is a registered partner in Germany?

Until 30 September 2017, German law provided for registered partnerships, a legal institution equivalent to marriage and reserved for same-sex couples, in accordance with the Law on Registered Partnerships (Lebenspartnerschaftsgesetz; LPartG).

What are the requirements for spouse visa in Germany?

Germany Visa Requirements for Spouses / Relative of EU / German NationalsVisa Application Form. ... Valid Passport. ... Biometric passport-sized photograph. ... Photocopies of your passport personal data pages.Photocopies of previous Schengen visas (if applicable).Schengen travel visa insurance. ... Flight Itinerary.More items...

Does Germany Recognise de facto relationships?

Opposite-sex couples, who live in a “de facto” relationship in Australia, can only get their partnership recognized in Germany through marriage. A registered partnership for heterosexual couples is not known in Germany.

How long do you need to live together to be defacto?

When Does a Relationship Become De Facto?The couple has been living together for a minimum period of 2 years; or.There is at least one child of the relationship; or.The relationship is registered per the rules of the State or Territory.

Can I bring my unmarried partner to Europe?

A non-Eu cohabitating partner of an EU citizen can apply for residence permit – despite the two of them not being married – on the ground of the right of family reunification, as granted by the European Union.

Is German language mandatory for spouse visa?

If the husband or wife are living outside Germany and Want to join their spouse in Germany, they must first demonstrate a basic proficiency of the German language prior to their departure. This is a requirement for the issue of a residency permit, which they will need to enter Germany.

Can I work on spouse visa in Germany?

If your spouse is an EU or EEA national, they can join you in Germany very easily and live and work here without restrictions. You do not need to apply for a special residence permit.

How can I get permanent residency in Germany?

Permanent EU Residence PermitYou have legally lived in Germany for at least five years;you can financially support yourself and your family members;you have a sufficient command of German and basic knowledge of the legal and social system and way of life in Germany;More items...

How do I get a temporary residence permit in Germany?

How to Apply for a German Temporary Residence Permit?Enter in Germany with the right Visa. ... Register your German address. ... Get Health Insurance. ... Open a Bank Account. ... Fill an application form and set an appointment. ... Have your documents ready. ... Attend your appointment.

Can I marry on student visa in Germany?

The marriage with you're the spouse to join, should have happened before you've obtained the German Student Visa. Civil Partnership Requirement. You must have registered your relationship with your joining same-sex partner before you've received the German Student Visa. Age Requirement.

Affected by Brexit?

This page is about partners in a stable relationship who are not married or registered with any authority.

Moving to another EU country

If you move with your de facto partner to another EU country, that country must facilitate their entry and residence there - whether your partner is an EU national or not.

Rights and obligations

In EU countries which recognise de facto unions, you will also have rights and obligations concerning property, inheritance and maintenance payments following a separation.

Cohabitation contracts

If you live in a country where you cannot get married, you cannot enter into a registered partnership, or if you choose not to do either, you could set up a cohabitation contract with your partner and settle practical or legal aspects of your cohabitation.

How long do you have to be in a de facto relationship to get a partner visa?

To be granted a Partner visa as a de facto partner, you and your sponsor must show that you have been in a committed de facto relationship for the entire 12 months immediately prior to lodging your application. This 12 month period is assessed from the time the relationship became a de facto partner relationship, and not from the time you first met.

Can an authorised recipient receive migration assistance?

An authorised recipient is only allowed to receive correspondence on your behalf, they are not authorised to provide you with migration assistance.

Partner visa requirements

To qualify for the unmarried partner visa, it is mandatory that applicants meet the following requirements:

De facto visa financial requirement

The sponsors may meet the level of the financial requirement applicable through employment, self-employment, cash savings, being the director of a company, rental income etc. Each financial category has a separate set of documents which are required to be submitted with your partner visa application:

Do you meet all the criteria set out above?

Then contact Qualis Law by submitting a free assessment form below. Our team of family visa experts will guide you through the UK partner visa process and ensure that all the evidence you submit presents the strongest case possible to the Home Office.

What to do if you are divorced in Germany?

If you are divorced, a certified copy of the divorce decree. If the marriage was not dissolved by a German court, the divorce decree might have to be approved by the authorities in Germany; you may also have to get a statement from the court who granted the divorce testifying that it cannot be contested.

What to do if your spouse doesn't speak German?

Therefore, if either you or your partner does not speak fluent German, you will need to have an interpreter present at the ceremony . They need to be certified; a friend or a member of your family will not suffice. Your local registry office can help you find someone suitable.

How old do you have to be to get married in Germany?

You are aged above 18 (16 with parental consent). You do not want to marry a blood relative.

Is marriage legal in Germany?

Note that, as marriage is considered a “legally-binding contract” in Germany, strong emphasis is placed on both parties being able to fully understand what is taking place at the wedding ceremony. Therefore, if either you or your partner does not speak fluent German, you will need to have an interpreter present at the ceremony. They need to be certified; a friend or a member of your family will not suffice. Your local registry office can help you find someone suitable.

Is a registered partnership still available in Germany?

Registered partnerships are no longer available in Germany, either for same-sex or heterosexual couples. In 2017, marriage rights were extended to same-sex couples and registered partnerships ceased to be an option. All same-couples who entered into partnerships before 2017 were given the option to convert their partnerships into marriages.

Can same couple get married in Germany?

All same-couples who entered into partnerships before 2017 were given the option to convert their partnerships into marriages. If you wish to be officially recognised as a couple in Germany (e.g. for a more favourable rate on your tax return or for health insurance ), you are expected to get married.

How old do you have to be to get a German visa?

If you’re joining your spouse (married or civil partner) and applying for a German marriage visa, you must both be over 18 years old and you must have basic German language skills – unless, that is, your spouse fits one or more of the following categories:

How old do you have to be to get a residence permit in Germany?

Children younger than 16 years can join their parents without fulfilling any conditions but if the child is between 16 and 18 years old, and not married/divorced/widowed, they will need to be either fluent in German or be able to integrate easily into German society (as judged by the German embassy/consulate processing the application) in order to get a residence permit for family reunification in Germany.

How long does it take to get a German family reunion visa?

If you are only planning to stay short-term, up to three months in a six month period, the visa processing time is from two to 10 days. If you are planning family reunification in Germany for longer than three months, however, the processing time for a long-term visa can take several months.

How long is the waiting period for German asylum seekers?

Despite attempts to accelerate the family visa processing time for this influx of asylum seekers, waiting periods have reached to more than a year and a half at some German embassies.

Can anyone else join a family in Germany?

Anyone else wishing to join a family member must apply for a residence permit for the purpose of family reunification in Germany.

Can a minor citizen of Germany get a residence permit?

If you’re the spouse or registered partner, unmarried, minor child of a German citizen, or parent/legal guardian of an unmarried, minor German citizen – and not from the EU/EEA /Switzerland – you will be issued with a residence permit as long as the relation you’re joining is living in Germany. Anyone else wishing to join a family member must apply ...

Do you need a visa to join the EU?

If you’re joining an EU/EEA or Swiss family member but you are not from one of those countries yourself, you will have to apply for a visa beforehand (depending on your own nationality). You will then receive a ‘residence card’ from the Alien’s Authority in the area where you will be living in Germany.

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