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Husband overstayed due to long wait time for work permit

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« on: August 02, 2017, 03:01:12 pm »

Hello All,

I am an American who moved to Germany in late 2016 after getting a job here.  Immediately after arriving I applied for an 'Aufenthaltstitel' so that I could be legally employed.  Unfortunately, through a series of missteps (mostly due to mistakes made by the local government office) I only received my work permit in the last week of July.  My temporary permit had to be extended twice in order to allow me to work while everything was being processed, which is highly unusual.  My husband, also American, joined me here about a month after I arrived, and has been here ever since.  Of course, since I was waiting so long for my permit we couldn't start his paperwork for a permanent (non-tourist) visa.  When I picked up my permit at the office I mentioned that I needed to start his paperwork as well, and they noticed that he'd been here a long time and said that 'might' be an issue, but weren't sure.  They said that in an extreme case he might need to leave the country and re-enter.  This and even the potential for a fine doesn't particularly worry me, but any possibility of a travel ban makes me nervous.  I have been here legally the entire time, and he will only be applying as my 'dependent', as in, he is not planning on working here.  The advice I was given at the local government office was simply to fill out all his paperwork, submit it, and see what happens, but any further advice on what I should do would definitely be appreciated.

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« on: August 02, 2017, 03:01:12 pm »

Full Member
Posts: 203

« Reply #1 on: August 08, 2017, 02:52:43 pm »

Hi, another American citizen just had a similar issue. See this thread here:

Re: American husband overstayed - when he can come back?
( http://www.maxi-pedia.com/forum/index.php?topic=1382.msg3353#msg3353 )

The fact that your husband remained within the Schengen zone after his 90 days were up can be a negative fact in his non-EU family member permit application, if the administrative officer reviewing his application notices this fact and if he or she takes this fact into consideration. If your husband's application is denied, your next option would be to submit an appeal, in which you can explain your case and the mistakes made by the local government office.
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