A simple solution would be that you bought a ticket for flying from Germany that departed the from same part restricted area your wife is arriving to. That way, you would be able to join her there. Needing to buy an useless ticket seems wrong on many fronts, but would be relatively easy solution. You would need to ensure it doesn’t depart from a different terminal or zone (e.g. it may need to be an international flight). Additionally, it won’t help if the airline doesn’t allow your wife to board.
I think the best solution would be that your wife travels with a copy of the documents that you will be holding with you. In case that they don’t consider it sufficient at the border control, you could come with the originals that you would take to the airport.
An even better option than a copy print at home, which doesn’t require you to send the originals -I understand your concerns- is that you go to a German notary and get a notarized copy of those documents, then send such copy by post. A notarized copy has the same value of the original.¹ If that copy gets lost / delayed, you still hold the originals with you.
¹ And in this case, it would be a document made by a German notary to be used in Germany, a much clear case than if it was done by a foreign notary where they could suspect a forgery.
Normally she would enter on a 90 days tourist visa, as we don’t yet have a long term family reunification visa.
Your wife will never get a long-term family reunification visa because such visas are not issued to beneficiaries of the free movement directive.
As a beneficiary from a so-called “Annex II” country (that is, a country whose citizens do not need a visa for short visits), your wife is supposed to enter without a visa and then apply for a residence card after entering Germany.
The trick, of course, is to find specific information about how the travel ban is being applied to non-EU citizens who enjoy freedom of movement through a family relationship but who do not yet reside in Germany. This may be difficult as the number of such cases is probably small and the possibility may not have been considered by the people writing the policies.
the best I have been able to find so far is at https://www.germany.info/us-en/coronavirus/2317268 (emphasis added):
EU-citzens and citizens of Great Brtain, Iceland, Liechtenstein, Norway and Switzerland and their family members will be allowed to transit through Germany to reach their home countries.
This suggests that beneficiaries of the free movement directive are included among those who may enter Germany. Your wife might want to say that Germany is her place of residence (which is arguably true) but that she hasn’t yet lived there long enough to get a residence card (which is certainly true). Alternatively, she should call the German authorities and ask them what to tell the airline. To that end, see How to contact border authorities in EU/Schengen countries? on this site.
Regarding the documents, you might try asking the airline if they will pass them to her when she gets off the plane. My wife was in a similar situation recently, and that was the solution.
Part of this process was that the airline employee in the destination airport made a note in the airline’s system that the documents were sufficient. This was necessary for her to be able to board the plane without having the documents with her. This may also prove necessary in your wife’s case.
Based on the present situation (effective immediately until after Easter), non EU Citizens¹, that do not have a valid residence permit (or a D-Visa to start a residence), will not be permitted to enter Germany and any traveler that may arrive that does not fullfill these conditions will be sent back.
Assume therefore, that visa free citizens and holders of a valid Schengen C-Visa are affected. Persons in transit through the Schengen Area are not mentioned.
Persons permitted entry, who are not residents of Germany, are expected to travel to their country of residence.
If not done already, other Schengen countries will also implement similar regulations soon.
Therefore your spouse should apply for D-Visa based on your marriage status.
¹ except Iceland, Liechtenstein, Norway, Switzerland and the United Kindom.
Contact the Bundespolizei at the airport where your spouse will arrive (below is a link for Frankfurt am Main).
They are the only ones that can tell you if and how this can be done.
Assume that you would have to arrive at the Airport in a timely manner to deposit the documents at their office.
When you call them and they say this is possible, they will tell you exactly where to find the appropriate office – which may be different based on date and flight (so have this information available).
Wer darf nach Deutschland einreisen?
An den betroffenen Grenzen dürfen grundsätzlich folgende Personengruppen einreisen:
- Personen mit deutscher Staatsangehörigkeit
- Personen mit deutschen Aufenthaltstitel
- Personen mit Wohnsitz in Deutschland
- Berufspendler (Nachweise sollten mitgeführt werden)
- Personen, die triftige Gründe für die Einreise haben (Nachweise sollten mitgeführt werden)
Darüber hinaus bleibt der grenzüberschreitende Warenverkehr gewährleistet
Who can enter Germany?
The following groups of people are allowed to enter the affected borders:
- People with German citizenship
- People with German residence permits
- people residing in Germany
- commuters (evidence should be carried)
- People who have valid reasons for entering the country (proof should be kept)
In addition, the cross-border movement of goods remains guaranteed
Wann wird die Einreise verweigert?
Eine Einreise wird verweigert, wenn Sie zu keiner der vorgenannten Personengruppen gehören. Außerdem kann die Einreise verweigert werden, wenn Sie Krankheitssymptome aufweisen. In diesen Fällen wird zur Entscheidung durch die Bundespolizei die zuständige Gesundheitsbehörde hinzugezogen.When is entry denied?
Entry will be refused if you do not belong to any of the aforementioned groups. You can also be refused entry if you have symptoms of illness. In these cases, the competent health authority is consulted for a decision by the federal police.6. … ich meinen Ehepartner/in besuchen möchte?
Eine Einreise ist in diesem Fall grundsätzlich nicht möglich.6. … I want to visit my spouse?
In this case, entry is generally not possible.
Spouses who are third-country nationals
If you are a citizen of a member state of the EU or EEA but your spouse is not, they must apply for a visa for spouses joining their partners.
If your spouse holds a residence permit for another EU state, they do not need a visa to enter Germany (Section 2 (4) of the freedom of movement Act/EU [FreizügG/EU]).
…
How your spouse can join you in Germany
If your spouse requires a visa to enter Germany they must apply for it at the German Embassy or a German Consulate in their country.
This is based on Section 2 (4) Sentence 2 of the Freedom of Movement Act/EU:
(4)…
Dependants who are not EU citizens shall require a visa in order to enter the federal territory according to the provisions for foreigners to whom the Residence Act applies.
…
(6) No charges shall be imposed for issuance of the visa.
Since your spouse is coming from outside the European Union
Contradicting information should be taken with a ton of salt.
Sources:
Credit:stackoverflow.com‘
5 Mar, 2024
5 Mar, 2024
5 Mar, 2024