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Germany language requirements

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Elizabella
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Germany language requirements

Post by Elizabella » Wed Mar 14, 2018 3:00 pm

I am looking to move to Germany with my husband. He is German and I am Canadian. We have lived in the UK for 5 years together as a married couple. I am educated to the PhD level.

I understand that I am able to enter Germany with my husband as a Canadian and apply for residency from within the country. However, I am struggling to figure out if I need to pass the A1 test at the Goethe Institute in order to be able to stay in Germany for more than 90 days.

Normally I would just go ahead with the exam, but I will only get to Germany mid-April and am due to give birth at the end of May, so the timing would be quite complicated to fit a German exam in the middle of that.

Does anyone know whether there are relevant exemptions to the German language A1 requirement that we could try to use at least until there is more time for me to take the exam?

secret.simon
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Re: Germany language requirements

Post by secret.simon » Wed Mar 14, 2018 5:08 pm

Elizabella wrote:
Wed Mar 14, 2018 3:00 pm
He is German and I am Canadian. We have lived in the UK for 5 years together as a married couple.
If you return to Germany with your German husband after he has exercised treaty rights (such as by working) in the UK, you will be entering Germany under EU law (called the Surinder Singh route here in the UK, but the name varies; it is called the Dutch route in Belgium and vice versa), not German law.

Under EU law, as the spouse of an EEA citizen, no language requirements or conditions can be placed on you.

In other words, because your German spouse exercised EU law in the UK, you are exempt from any language requirements on your return with him to Germany.

Language requirements can apply on any future application for German citizenship, but not for residency in Germany.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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ALKB
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Re: Germany language requirements

Post by ALKB » Wed Mar 14, 2018 5:30 pm

secret.simon wrote:
Wed Mar 14, 2018 5:08 pm
Elizabella wrote:
Wed Mar 14, 2018 3:00 pm
He is German and I am Canadian. We have lived in the UK for 5 years together as a married couple.
If you return to Germany with your German husband after he has exercised treaty rights (such as by working) in the UK, you will be entering Germany under EU law (called the Surinder Singh route here in the UK, but the name varies; it is called the Dutch route in Belgium and vice versa), not German law.

Under EU law, as the spouse of an EEA citizen, no language requirements or conditions can be placed on you.

In other words, because your German spouse exercised EU law in the UK, you are exempt from any language requirements on your return with him to Germany.

Language requirements can apply on any future application for German citizenship, but not for residency in Germany.
Even if you decide to get a spouse permit under German law, as you are degree educated, you can ask to be exempt from the language requirement. Usually, this exemption is gladly given, especially since integration courses are currently short by about 20k places.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

secret.simon
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Re: Germany language requirements

Post by secret.simon » Wed Mar 14, 2018 5:48 pm

ALKB wrote:
Wed Mar 14, 2018 5:30 pm
as you are degree educated, you can ask to be exempt from the language requirement.
Does that apply even when the degree is in a foreign language? Is there a list of the universities of which the degrees are recognised, to avail of the exemption from language requirements? Also, does it have to be a post-graduate degree or would even a graduate degree qualify?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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ALKB
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Re: Germany language requirements

Post by ALKB » Wed Mar 14, 2018 6:27 pm

secret.simon wrote:
Wed Mar 14, 2018 5:48 pm
ALKB wrote:
Wed Mar 14, 2018 5:30 pm
as you are degree educated, you can ask to be exempt from the language requirement.
Does that apply even when the degree is in a foreign language? Is there a list of the universities of which the degrees are recognised, to avail of the exemption from language requirements? Also, does it have to be a post-graduate degree or would even a graduate degree qualify?
Information on the German Embassy in India says it has to be a Masters degree at least but the BAMF just says university degree. Yes, if the university is internationally recognised, the degree can be in any language.

The logic behind this is, that somebody with a masters degree has a proven track record of being able to learn concepts and is also highly skilled, so might find work (and thus easily integrate into society) even without being fluent in German.

Add to that that the OP is from a Western nation with experience of living in Europe, making a smooth transition rather likely; so I am pretty sure the alien department will be extremely happy to have one less person on the wait list for oversubscribed integration courses. Flip side: once language requirement has been waived, OP is no longer entitled to the heavily subsidised integration course and will have to pay any language course out of pocket and in full.

http://www.bamf.de/SharedDocs/Anlagen/E ... cationFile

http://www.india.diplo.de/contentblob/3 ... edgeFZ.pdf
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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ALKB
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Location: Berlin
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Re: Germany language requirements

Post by ALKB » Wed Mar 14, 2018 6:40 pm

secret.simon wrote:
Wed Mar 14, 2018 5:48 pm
ALKB wrote:
Wed Mar 14, 2018 5:30 pm
as you are degree educated, you can ask to be exempt from the language requirement.
Is there a list of the universities of which the degrees are recognised, to avail of the exemption from language requirements?
It doesn't say anywhere (at least I haven't found this information) and the case worker at the alien department has a lot of leeway in the decision. A recognised university on the anabin database is probably a safe bet.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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