# German Residency Marriage München



## dcasarrubias (May 1, 2013)

I am an American who is engaged to a German national. After we get married we are planning on moving to Germany. We are moving to München, so I was checking the Ausländerbehörde in München, since I will apply for a residence permit once I am in Germany, and it had requirements that I don't quit understand. 

Residence permit for spouse / registered partner of Deutsche

The settlement permit is a separate permanent residence permit. This permit authorized without time or place restrictions on living and working in Germany.

Who can apply for the permit?

-Spouse / registered partner of Germans, except: the EU countries, Switzerland, Iceland, Liechtenstein and Norway. 

Conditions

-Three years residence because of marriage / registered partnership with a / a German
-The family unity with the / the Germans is in Germany
-Oral communication easier in the German language 

The conditions say you need 3 years of residency because of marriage, but how can I live there if I don't have that residence permit, which is why I am applying for it.


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## Nononymous (Jul 12, 2011)

I'm just guessing here, but you might be talking about the conditions of an unlimited "settlement permit" that would, for example, allow you to stay permanently even if you were to divorce.

Whereas immediately after marriage to a German you could apply for a regular residence permit (Aufenhaltserlaubnis) that would allow you to live and work. You would then be obliged to learn German and stay married for a set period of time (three years, as above) before you could apply for the settlement permit.

So - and again, I'm just guessing here based on what you've reproduced above - you get the residence permit first, then after three years, a settlement permit that allows you to stay forever if you meet certain conditions (marriage still intact, learning German, etc.)


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## dcasarrubias (May 1, 2013)

Nononymous said:


> I'm just guessing here, but you might be talking about the conditions of an unlimited "settlement permit" that would, for example, allow you to stay permanently even if you were to divorce.
> 
> Whereas immediately after marriage to a German you could apply for a regular residence permit (Aufenhaltserlaubnis) that would allow you to live and work. You would then be obliged to learn German and stay married for a set period of time (three years, as above) before you could apply for the settlement permit.
> 
> So - and again, I'm just guessing here based on what you've reproduced above - you get the residence permit first, then after three years, a settlement permit that allows you to stay forever if you meet certain conditions (marriage still intact, learning German, etc.)



Your right, it is a settlement permit. I checked again and it said this:

Citizens of Australia, New Zealand, Israel, Japan, Canada, the Republic of Korea and the United States of America to enter the Federal Republic of Germany without a visa. You must apply for a residence permit after arrival at the immigration office if you are staying longer than three months here or want to have a job. If you wish to pursue gainful employment during your stay, you and your employer will also complete the form on the employment of foreigners.

General Information

Registration of residence: Please log in within a week in the civil office in the District Administrative Council or the citizens Pasing office at City Hall or at a branch of the civil offices.
Residence Permit: After login you are applying for in the Immigration Office in Kreisverwaltungsreferat your residence.

Residence permit for your spouse, your children or your registered same-sex partners: Do your family members a different nationality, they may need to apply for a visa for family reunification. Possible exceptions to a requirement of a visa and more information, see the website of the Federal Foreign Office. 

So when I arrive in Germany where do I sign in , the Ausländerbehörde or the office mentioned above? And where do I apply for my residence permit, because above it says you apply at the Kreisverwaltungsreferat, but I taught you were supposed to apply for it at the Ausländerbehörde.


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## Nononymous (Jul 12, 2011)

dcasarrubias said:


> So when I arrive in Germany where do I sign in , the Ausländerbehörde or the office mentioned above? And where do I apply for my residence permit, because above it says you apply at the Kreisverwaltungsreferat, but I taught you were supposed to apply for it at the Ausländerbehörde.


The instructions are actually quite clear, but you are confusing (1) the registration of your address with the local bureaucracy, which everyone must do, German or not, with (2) the application for a residence permit, which only applies to foreigners.

FIRST, you register your address at the appropriate municipal office: Einwohnermeldeamt, Burgeramt, Kreisverwaltungsreferat, whatever they call it. (In the past it was the local police station.)

SECOND, you go to the Ausländerbehorde and apply for a residence permit (Aufenhaltserlaubnis).

Instructions for what documentation you need in both cases should be available online.


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## Nononymous (Jul 12, 2011)

Also, that English is suspiciously bad. Are you running German text through Google Translate or something? Bad idea. If you can't find an official English version (they do exist) then have a German speaker read the German. Otherwise you'll miss something and cause yourself all kinds of grief.


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## dcasarrubias (May 1, 2013)

Nononymous said:


> Also, that English is suspiciously bad. Are you running German text through Google Translate or something? Bad idea. If you can't find an official English version (they do exist) then have a German speaker read the German. Otherwise you'll miss something and cause yourself all kinds of grief.


If I get my residence permit through the US embassy here in the states(since they allow that), then would all I have to do once I get their just be to register with the local municipal office?


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## Nononymous (Jul 12, 2011)

dcasarrubias said:


> If I get my residence permit through the US embassy here in the states(since they allow that), then would all I have to do once I get their just be to register with the local municipal office?


You don't get a residence permit from the embassy, you get a visa. A visa allows you to enter the country; after that you still need to go get the residence permit from the Ausländerbehörde (though presumably with higher chances of approval since you've already made an application).

US citizens (along with Canadians and select other non-EU types) can enter Germany without a visa. So there is no reason to get the visa first, it will not save you the trip to the Ausländerbehörde.

One minor exception. The only time it's advantageous is if you have a definite job offer - you can apply for a visa ahead of time, which would allow you to begin working immediately after arrival. But you also need to appear in person at a German consulate to make the application.

Note that none of this is professional advice. There is good, clear material in English on various German government and embassy web sites. You can also send them questions via e-mail (at least in Canada).


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## dcasarrubias (May 1, 2013)

Nononymous said:


> You don't get a residence permit from the embassy, you get a visa. A visa allows you to enter the country; after that you still need to go get the residence permit from the Ausländerbehörde (though presumably with higher chances of approval since you've already made an application).
> 
> US citizens (along with Canadians and select other non-EU types) can enter Germany without a visa. So there is no reason to get the visa first, it will not save you the trip to the Ausländerbehörde.
> 
> ...




Oh thats because i was on the German embassy website for the United States and it stated: 

Where and how to apply?

Citizens of the United States of America, Australia, Canada, Israel, Japan, New Zealand, Switzerland, the Republic of Korea, as well as EU citizens may apply for their residence permit after entering Germany without a visa.

Citizens of other countries are required to apply and obtain a residence permit prior to entry (an option also open to US citizens) at the German Embassy in Washington, the Consulates in Atlanta, Boston, Chicago, Houston, Los Angeles, Miami, New York or San Francisco.


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## Nononymous (Jul 12, 2011)

They could be a little clearer on the language. My knowledge may be out of date or inaccurate, but I'm pretty sure that after entering with a visa, you would still need to go get the residence permit at some point after arrival.


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## dcasarrubias (May 1, 2013)

Nononymous said:


> They could be a little clearer on the language. My knowledge may be out of date or inaccurate, but I'm pretty sure that after entering with a visa, you would still need to go get the residence permit at some point after arrival.


I know I have to register at the local Municipal office once I arrive, but do I also have to apply for the residence permit at the state I will be residing at? Or can I go to any ausländerbehörde?


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## ALKB (Jan 20, 2012)

dcasarrubias said:


> I know I have to register at the local Municipal office once I arrive, but do I also have to apply for the residence permit at the state I will be residing at? Or can I go to any ausländerbehörde?


You have to apply at the local Ausländerbehörde. Why would you want to travel far to apply for a residence permit?


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## Nononymous (Jul 12, 2011)

dcasarrubias said:


> I know I have to register at the local Municipal office once I arrive, but do I also have to apply for the residence permit at the state I will be residing at? Or can I go to any ausländerbehörde?


I'm sorry, I have no idea what you're talking about. State vs. Ausländerbehörde? Makes no sense.


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## dcasarrubias (May 1, 2013)

Nononymous said:


> I'm sorry, I have no idea what you're talking about. State vs. Ausländerbehörde? Makes no sense.


I will be living in Munich, so my question was, 'can I apply for the residence permit at any immigration office within Germany, or does it have to be at the one in Munich?


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## Nononymous (Jul 12, 2011)

dcasarrubias said:


> I will be living in Munich, so my question was, 'can I apply for the residence permit at any immigration office within Germany, or does it have to be at the one in Munich?


God knows. Why would you do this where you're not living? Even if it were possible, why would you complicate matters by trying?

In Berlin the Ausländerbehörde is run by the state government not the federal government so I expect you would be required to obtain the residence permit in the same place that you are registered as a resident.

Seriously, though, you're kind of overthinking the weird contingencies. It doesn't need to be this complex.


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## ALKB (Jan 20, 2012)

dcasarrubias said:


> I will be living in Munich, so my question was, 'can I apply for the residence permit at any immigration office within Germany, or does it have to be at the one in Munich?


You have to apply where you are resident. It's also the most practical thing to do anyhow. I am a bit puzzled by your desire to travel to a different German state, which would be quite the journey from Munich just to apply for your permit.

A friend of mine was registered in Brandenburg, moved to Berlin(different Bundesland/state), forgot to register her new address there, tried to report her change in circumstances to the Ausländerberhörde in Berlin and narrowly escaped being arrested and deported by the Brandenburg Ausländerbehörde.


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