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NON EU SPOUSE TO GERMANY

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zeeshan23
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Posts: 4
Joined: Mon Nov 23, 2015 6:11 pm

NON EU SPOUSE TO GERMANY

Post by zeeshan23 » Mon Nov 23, 2015 6:45 pm

Dear All,

Can you please help me with following enquiry for a friend:

1st Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to Germany.
-What will be the requirements and the process?

2nd Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to UK.
-What will be the requirements and the process?

Can you please advise me on both scenarios

Thanks Alot

User avatar
ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: NON EU SPOUSE TO GERMANY

Post by ALKB » Mon Nov 23, 2015 8:17 pm

zeeshan23 wrote:Dear All,

Can you please help me with following enquiry for a friend:

1st Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to Germany.
-What will be the requirements and the process?

2nd Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to UK.
-What will be the requirements and the process?

Can you please advise me on both scenarios

Thanks Alot
1) Apply for short term Schengen visa at German Embassy or Consulate in Pakistan (free of charge, issued within 15 days).

Within 90 days of arrival, register her residence at her husband's German address, add her to his health insurance and apply for residence card of EEA national at the local alien department.

If they later on want to move on to the UK, they can do so under Surinder Singh rules (EEA family permit and then residence card in UK). Please note UK's "centre of life" rules for Surinder Singh.

2) If he wants her to move straight from Pakistan to the UK without first living with him in Germany while he exercises his EU treaty rights (=works), she will have to apply under domestic UK immigration rules and they will have to meet all the requirements: Minimum £186000/year salary, adequate accommodation, language requirement and subsisting relationship. Also, if she applies while he is still in Germany, he will have to show that he not only earns more than £186000 in Germany but that he has a confirmed job offer with a salary of £18600 with a starting date within 3 months of his return to the UK.

If she first goes to live with him in Germany, see 1)
I am not a regulated immigration advisor. I am offering an opinion and not advice.

zeeshan23
Newly Registered
Posts: 4
Joined: Mon Nov 23, 2015 6:11 pm

Re: NON EU SPOUSE TO GERMANY

Post by zeeshan23 » Mon Nov 23, 2015 11:54 pm

Thanks Alot for the advise. This very helpful.

What would be the possibility and requirements of coming direct fro. Pakistan to Germany on a spouse visa and staying there? If he is self employed.
ALKB wrote:
zeeshan23 wrote:Dear All,

Can you please help me with following enquiry for a friend:

1st Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to Germany.
-What will be the requirements and the process?

2nd Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to UK.
-What will be the requirements and the process?

Can you please advise me on both scenarios

Thanks Alot
1) Apply for short term Schengen visa at German Embassy or Consulate in Pakistan (free of charge, issued within 15 days).

Within 90 days of arrival, register her residence at her husband's German address, add her to his health insurance and apply for residence card of EEA national at the local alien department.

If they later on want to move on to the UK, they can do so under Surinder Singh rules (EEA family permit and then residence card in UK). Please note UK's "centre of life" rules for Surinder Singh.

2) If he wants her to move straight from Pakistan to the UK without first living with him in Germany while he exercises his EU treaty rights (=works), she will have to apply under domestic UK immigration rules and they will have to meet all the requirements: Minimum £186000/year salary, adequate accommodation, language requirement and subsisting relationship. Also, if she applies while he is still in Germany, he will have to show that he not only earns more than £186000 in Germany but that he has a confirmed job offer with a salary of £18600 with a starting date within 3 months of his return to the UK.

If she first goes to live with him in Germany, see 1)

User avatar
ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: NON EU SPOUSE TO GERMANY

Post by ALKB » Tue Nov 24, 2015 10:35 am

zeeshan23 wrote:Thanks Alot for the advise. This very helpful.

What would be the possibility and requirements of coming direct fro. Pakistan to Germany on a spouse visa and staying there? If he is self employed.
ALKB wrote:
zeeshan23 wrote:Dear All,

Can you please help me with following enquiry for a friend:

1st Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to Germany.
-What will be the requirements and the process?

2nd Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to UK.
-What will be the requirements and the process?

Can you please advise me on both scenarios

Thanks Alot
1) Apply for short term Schengen visa at German Embassy or Consulate in Pakistan (free of charge, issued within 15 days).

Within 90 days of arrival, register her residence at her husband's German address, add her to his health insurance and apply for residence card of EEA national at the local alien department.

If they later on want to move on to the UK, they can do so under Surinder Singh rules (EEA family permit and then residence card in UK). Please note UK's "centre of life" rules for Surinder Singh.

2) If he wants her to move straight from Pakistan to the UK without first living with him in Germany while he exercises his EU treaty rights (=works), she will have to apply under domestic UK immigration rules and they will have to meet all the requirements: Minimum £186000/year salary, adequate accommodation, language requirement and subsisting relationship. Also, if she applies while he is still in Germany, he will have to show that he not only earns more than £186000 in Germany but that he has a confirmed job offer with a salary of £18600 with a starting date within 3 months of his return to the UK.

If she first goes to live with him in Germany, see 1)

Same as I detailed above for scenario 1).

Health insurance will be a bit more difficult/expensive.

When they apply for residence card he will have to show that his self employment is genuine and effective = actually earning him/them a living.

Being employed would be preferable.

Is he already in Germany? Does he speak German? He will need help with dealing with the tax office, trade office, accounting - it's not easy even for German native speakers to deal with all of that.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

zeeshan23
Newly Registered
Posts: 4
Joined: Mon Nov 23, 2015 6:11 pm

Re: NON EU SPOUSE TO GERMANY

Post by zeeshan23 » Tue Nov 24, 2015 3:37 pm

Thanks alot.

He has been in germany with his father for a long time. He runs his father's well established business.

Is there any kind of spouse visa they need to apply or a simple Tourist Schengen Visa?

In case of schengen visa, Do they need to show the proof of marriage when applying?

Also I read some where that if a person is self employed then spouse doesn't need language test. Is that true?

Sorry about all these questions. I have no idea about getman immigration system.

User avatar
ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: NON EU SPOUSE TO GERMANY

Post by ALKB » Tue Nov 24, 2015 10:00 pm

zeeshan23 wrote:Thanks alot.

He has been in germany with his father for a long time. He runs his father's well established business. All set to go then.

Is there any kind of spouse visa they need to apply or a simple Tourist Schengen Visa? Not if he is a UK national and has never naturalised as German. If he has naturalised as German, it's a completely different process.

In case of schengen visa, Do they need to show the proof of marriage when applying? Yes, marriage certificate, professionally translated if applicable.

Also I read some where that if a person is self employed then spouse doesn't need language test. Is that true? No, this has nothing to do with employed or self employed. She doesn't have to show language skills because she is the spouse of an EEA national exercising treaty rights. Were her husband German, she would need to show A1 certificate when applying for the visa.

Sorry about all these questions. I have no idea about getman immigration system. We are not talking about the German immigration system at all, we are talking about EU freedom of movement rules. Very important: has your friend naturalised as German? Is he a dual UK and German national?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

zeeshan23
Newly Registered
Posts: 4
Joined: Mon Nov 23, 2015 6:11 pm

Re: NON EU SPOUSE TO GERMANY

Post by zeeshan23 » Tue Nov 24, 2015 11:57 pm

Thanks alot ALKB

He is not naturalised in Germany and he only holds british Nationality.
ALKB wrote:
zeeshan23 wrote:Thanks alot.

He has been in germany with his father for a long time. He runs his father's well established business. All set to go then.

Is there any kind of spouse visa they need to apply or a simple Tourist Schengen Visa? Not if he is a UK national and has never naturalised as German. If he has naturalised as German, it's a completely different process.

In case of schengen visa, Do they need to show the proof of marriage when applying? Yes, marriage certificate, professionally translated if applicable.

Also I read some where that if a person is self employed then spouse doesn't need language test. Is that true? No, this has nothing to do with employed or self employed. She doesn't have to show language skills because she is the spouse of an EEA national exercising treaty rights. Were her husband German, she would need to show A1 certificate when applying for the visa.

Sorry about all these questions. I have no idea about getman immigration system. We are not talking about the German immigration system at all, we are talking about EU freedom of movement rules. Very important: has your friend naturalised as German? Is he a dual UK and German national?

heetdpatel
Newbie
Posts: 37
Joined: Thu Jan 29, 2015 5:42 pm

Re: NON EU SPOUSE TO GERMANY

Post by heetdpatel » Wed Feb 17, 2016 9:50 pm

ALKB wrote:
zeeshan23 wrote:Thanks alot.

He has been in germany with his father for a long time. He runs his father's well established business. All set to go then.

Is there any kind of spouse visa they need to apply or a simple Tourist Schengen Visa? Not if he is a UK national and has never naturalised as German. If he has naturalised as German, it's a completely different process.
Then please can you confirm what visa she have to apply?

In case of schengen visa, Do they need to show the proof of marriage when applying? Yes, marriage certificate, professionally translated if applicable.

Also I read some where that if a person is self employed then spouse doesn't need language test. Is that true? No, this has nothing to do with employed or self employed. She doesn't have to show language skills because she is the spouse of an EEA national exercising treaty rights. Were her husband German, she would need to show A1 certificate when applying for the visa.

Sorry about all these questions. I have no idea about getman immigration system. We are not talking about the German immigration system at all, we are talking about EU freedom of movement rules. Very important: has your friend naturalised as German? Is he a dual UK and German national?

User avatar
ALKB
Respected Guru
Posts: 871
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: NON EU SPOUSE TO GERMANY

Post by ALKB » Thu Feb 18, 2016 9:56 am

heetdpatel wrote:
Is there any kind of spouse visa they need to apply or a simple Tourist Schengen Visa? Not if he is a UK national and has never naturalised as German. If he has naturalised as German, it's a completely different process.
Then please can you confirm what visa she have to apply?

If the spouse in Germany is a German national, the non-EEA spouse has to apply under domestic German rules.

They have to contact their local German Embassy or Consulate and apply for a family reunion visa.

They will need to show A1 level of German language skills, adequate accommodation in Germany and adequate income.

Costs the same as all other visas = about €60.00

Will be issued for 90 days and then has to be converted to biometric residence permit in Germany within that time.

Takes usually a few months to be processed with no specific maximum processing time.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

heetdpatel
Newbie
Posts: 37
Joined: Thu Jan 29, 2015 5:42 pm

Re: NON EU SPOUSE TO GERMANY

Post by heetdpatel » Wed Sep 28, 2016 8:14 pm

ALKB wrote:
zeeshan23 wrote:Dear All,

Can you please help me with following enquiry for a friend:

1st Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to Germany.
-What will be the requirements and the process?

2nd Scenario:
British National Living & Working in Germany wants to call his non-eu wife from Pakistan to UK.
-What will be the requirements and the process?

Can you please advise me on both scenarios

Thanks Alot
1) Apply for short term Schengen visa at German Embassy or Consulate in Pakistan (free of charge, issued within 15 days).

Within 90 days of arrival, register her residence at her husband's German address, add her to his health insurance and apply for residence card of EEA national at the local alien department.

If they later on want to move on to the UK, they can do so under Surinder Singh rules (EEA family permit and then residence card in UK). Please note UK's "centre of life" rules for Surinder Singh.

2) If he wants her to move straight from Pakistan to the UK without first living with him in Germany while he exercises his EU treaty rights (=works), she will have to apply under domestic UK immigration rules and they will have to meet all the requirements: Minimum £186000/year salary, adequate accommodation, language requirement and subsisting relationship. Also, if she applies while he is still in Germany, he will have to show that he not only earns more than £186000 in Germany but that he has a confirmed job offer with a salary of £18600 with a starting date within 3 months of his return to the UK.

If she first goes to live with him in Germany, see 1)

AKLB

What is your thought now to do this route?

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