Aleisi and Juana | Loving Day

Aleisi and Juana

Mon, 06/06/2016 - 6:30am -- Aleisi and Juana
Photo: 
Province/Region/State (if you are outside of the U.S.A.): 
Country: 
Germany
Age: 
33
Occupation: 
Hotel Specialist

We need your support and help to share what happened and is still happening to us: I am German and my husband is Dominican. I lived with my husband in the Dominican Republic from 24th of March 2011 until 10th of March 2013. We are married since 11th of September 2012 and we have a German Marriage Certificate. My husband applied for the Spouse Visa on 26th of April 2013 it was denied on 12th of November 2013 because of the lack of German language skills. The reform of the Immigration Act came into force on 28 August 2007, that the foreign spouse has to prove at least a basic knowledge of German before receiving a visa for Germany. This law does not apply to nationals of Belgium, Bulgaria, Denmark, Estonia, Finland, France, Greece, Great Britain, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Austria, Poland, Portugal , Romania, Sweden, Switzerland, Slovakia, Slovenia, Spain, Czech Republic, Hungary and Cyprus, Australia, Brazil, El Salvador, Israel, Japan, Canada, New Zealand, South Korea and the United States of America.

We appealed against this decision because of discrimination and violation of our human rights to be together as a married couple and to be able to found a family and went to court. Meanwhile my husband was learning German by himself without a teacher, because the courses of the German embassy are very expensive. Additionally the living costs are high in the capital, which my husband would have to move to in order to attend the course. Neither him nor I can afford to pay for a course. He did the test on 1st of March 2014 and received only 30 points out of 100 points, with 60 points he would have passed and would have received the visa. On 02nd of December 2014 the first court case took place, where our lawyer surprisingly did not appear and my husband was without legal representation. I was there, the judge and a representative of the German Department of Foreign Affairs. The outcome was that the representative of the German Department of Foreign Affairs offered us a compromise solution which was, that my husband has to attend the course fully and afterwards he would receive the visa even without passing the test. Of course we denied this unethical and ridiculous compromise, which was not a compromise at all and moved to the second court. You can see that is all about making money and make a German Citizen being punished for marrying a Citizen of a Third World Country. We went further to all national courts. The last court, which is the Federal Constitutional Court, also denied our case. I opened a petition at the European Parliament under the number 0294/2015 on 14th of April 2015 and it was entered but no decision as yet. On 21st of August 2015 I lodged a complaint against the Federal Republic of Germany before the European Court of Human Rights and we received the number 42241/15. On 27th of October 2015 my husband applied for a visa to visit me in Germany and it was denied on 3rd of November 2015, because the prognoses of him returning to his country were not positive.

Until now nothing has been done in our case. We are put on hold. We are married and we want to have children but are denied all that.
You might think that normally family would help, but my so called "family" does nothing. I am all by myself here in Germany an no one is willing to help. That is why I went to New York to get some help, but it is very difficult there as well. That is why I started this blog and I hope you, who is reading this will help just by spreading our story. It is the only thing we want is that our story is spread all over the world, so that everyone looks on Germany and they have to change this law. Your voice is so important! Please help us and share our story! Thank you in the name of humanity.