Does Working Holiday visa in Germany use up my 90 days?

[aws]

Hi there.

Hoping someone can help. Have seen similar topics on here but nothing that is quite like my situation.

Am wanting to know if someone can help me- I am in Germany on a Working Holiday Visa (DURATION July 4th 2008-July 3rd 2009)

I am a New Zealander who is married to an Australian. She holds a Aufenthaltserlaubnis (residence permit) and has full time employment.

I was told in NZ that we could apply for a Family Re-union Visa in Germany once we had married (which took place back in Australia in January 2009)

However now that I am here we have been told that my wife must have had her residence permit for a minimum of 2 years before a Family Re-union Visa can be granted. This was NOT what I was told in NZ by the German Embassy, but there is no point fighting it as it isn't going to change.

So, what I was wanting to know is this:
Since I have only ever entered Germany on a WHV which has unlimited entries, once it expires will I have access to the allocated 90 days within any 180 period as my time in previous time in Germany was under the WHV terms?

Hope someone could shed some light on this for me otherwise they have told me the only option is to go back to NZ while I wait until September 2009 which is when my wife will have had her permit 2 years.....

Cheers guys

[republique]

Hi there.

Hoping someone can help. Have seen similar topics on here but nothing that is quite like my situation.

Am wanting to know if someone can help me- I am in Germany on a Working Holiday Visa (DURATION July 4th 2008-July 3rd 2009)

I am a New Zealander who is married to an Australian. She holds a Aufenthaltserlaubnis (residence permit) and has full time employment.

I was told in NZ that we could apply for a Family Re-union Visa in Germany once we had married (which took place back in Australia in January 2009)

However now that I am here we have been told that my wife must have had her residence permit for a minimum of 2 years before a Family Re-union Visa can be granted. This was NOT what I was told in NZ by the German Embassy, but there is no point fighting it as it isn't going to change.

So, what I was wanting to know is this:
Since I have only ever entered Germany on a WHV which has unlimited entries, once it expires will I have access to the allocated 90 days within any 180 period as my time in previous time in Germany was under the WHV terms?

Hope someone could shed some light on this for me otherwise they have told me the only option is to go back to NZ while I wait until September 2009 which is when my wife will have had her permit 2 years.....

Cheers guys

Now of course each country is different but as far as I know you should be able to apply for the family reunion irrespective of how long her permit is if there was an existing relationship before the permit. Was there? But now that you are married, I find it strange that they are still being fussy. Don't you want to double check that issue?

Yes you can revert to visitor visa after WHV expires.

[aws]

Thanks heaps for your reply.

Yes, we were together for 5 years before we were married.

Her first permit was granted in September 2007.

We have been told twice now that we cannot have the the family re-union visa until September 2009.

It seems ridiculous that they would essentially split up a married couple, but as I only have until July 2009 until my visa expires it is looking quite likely that its going to happen.

I just wanted to check about the possibility of reentering AFTER my WHV has expired as I don't want to leave Germany only to find I cannot get back in.

Thanks again

[aws]

Just another thought:

In regards to your post republique I suppose there may be some chance that they thought we had only known each other since our marriage....however I don't think this was the case as the people we have dealt with at the Auslanderbehorde have (surprisingly) been really pleasant and spoken fluent English

[republique]

Just another thought:

In regards to your post republique I suppose there may be some chance that they thought we had only known each other since our marriage....however I don't think this was the case as the people we have dealt with at the Auslanderbehorde have (surprisingly) been really pleasant and spoken fluent English

But they might have assumed it and based their answers from there.

Ok I went to look it up for you which you could have done so yourself
http://www.coordeurop.org/sito/en/06pol ... l_ger.html

It seems what those people are saying are true. Read the conditions. They are one of the most restrictive I have seen in the EU for this type of permit. However they can use their discretion outside the conditions and I think you could make a persuasive case if you lived together previously and now have gotten married.
Then again since you seem to only need to hang around for a couple more months maybe you don't want to be bothered because I am sure there is cost for the application.
However if there is any chance your partner might be staying longer, you might want to duke it out to get into the reunification track