Dear All

I come from non-EU country and currently living in Germany under student visa which will expire in 1 month. I need another 3-4 months to complete my studies,however German foreign office( Ausländerbehörde) told me clearly that they dont want to extend my residential permission any longer,its because I took way too much time for my studies and yet to be completed. It was my mistake to prolong my studies due to personal and very sadden family troubles occurred.

A month ago I married to my long time girl friend who is Spanish Citizen, and with her I already have one year old child. We married in Church and it takes few months to get Spouse(marital) visa in Spain. In the mean time they have offered me child dependency one year visa in Spain. With this visa I can live and work in Spain.

The question is: can I travel back to Germany with Spanish residential permission( Child dependency visa) to complete my studies in 3-4 months. I already have the accommodation in Germany and valid health insurance. During this 3-4 months I dont have any intention to work here, Only purpose to finish the study.

I know if my wife accompanies me I dont have any problems but currently she is working in Spain and we already have an apartment in Spain.

I would be very pleased for your suggestions and help.

many thanks,
Martin