Dear Community,

I am a naturalized citizen working for a software company for the last 8 years. Owing to burn-out + Corona + becoming a new father, I have taken parental leave for 24 months(since Dec 2021). I have some savings to get me through the next months.

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My wife(non-EU )’s residence permit expires in Feb 2023 and she has gotten a letter that she should plan for an appointment with ABH to get her residence permit extended.

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**Income**

|Position|Eheman|EheFrau|Kind|Gesamt|
|:-|:-|:-|:-|:-|
|ElternGeld-Netto|900|0|0|900|
|KinderGeld-Netto|0|0|219|219|
|Netto-Einkommen||||1119|

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**Minimum Requirement for 2022 as per** [here](https://www.hartziv.org/regelbedarf.html)

|Position|Eheman|EheFrau|Kind(6 Jahre)|Gesamt|
|:-|:-|:-|:-|:-|
|RegelSatz|404|404|285|1093|
|Warm-Miete|121|121|121|363|
|Bedarf-Gesamt||||1456 euros|

So, it seems like we fall short of the minimum Bedarf by at least 337 euros. I am not 100% sure if the kinder-geld could be used to calculate the Netto-Einkommen as well.

I tried to understand [this](https://fluechtlingsrat-bw.de/wp-content/uploads/2020/10/2020-08-14-Infoblatt-Caritas-und-Diakonie-25a-und-25b.pdf) to see if there is any lenience given with respect to the minimum subsistence amount. My wife/Our family has never taken unemployment benefits and will not need any for our subsistence. Could someone help to understand if she has a right to residency based on any of the clauses in the linked document or elsewhere?

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Some additional details:

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Wife: German -B1 certificate + Non-EU Citizen

Daughter: 21 months old(April 2022) + German Citizen

We live in BW. My wife has lived in Germany on a residence permit for (30 months) + 8(months) = together 38 months.

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We will be very grateful to hear any comments from you.

1 comment
  1. Do you still have a valid employment contract, albeit on a 24-month parental leave?

    If yes, then your savings bank statement can very well be a proof of short-term subsistence. For long-term subsistence, you can quote your employment contract.

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