Immigrationboards.com

youngun · Newbie Joined: 26 May 2012 Posts: 4

Hi, I've started a thread here with questions about this directive specific to our situation. I'm hoping anyone from here can help. It will be greatly appreciated.

Castor83 · Newbie Joined: 14 Aug 2009 Posts: 9

the directives seem to describe non eu family members, but alot of the examples are all partners/spouses etc.

Do these rules still apply to any "family member" as recognised by EU law, for example the child of non eea spouse?

this is where i get confused.

EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4563

skhurram · Newbie Joined: 24 Sep 2012 Posts: 4

Hi,

I'm a Pakistani national married to a UK citizen. I and our two children were issued Schengen visas by the German embassy. The visas have this in remarks section:

Touristisches Visum

Erwerbstätigkeit nicht gestattet

I found from the annex, this means:

Touristisches Visum (tourist visa)

Erwerbstätigkeit nicht gestattet (employment not permitted)

We're planning to move to Germany (the whole family, of course) to apply for residence cards.

My questions are:
1) Do the remarks in the visa have any bearing on our ability to apply for the residence card?
2) Would I be allowed to work?
3) Should we go back to the embassy and ask for a new visa with the following remarks?

Familienangehöriger eines Unionsbürgers/EWR-Bürgers (family member of Union/EEA national)

I hope we don't need to go back to the embassy and the visa is just a means to enter the EU. Once inside Germany, the freedom of movement law should kick in making the visa remarks irrelevant.

Thank you for your time.

EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4563

I don't know what they normally do and whether this is a mistake.

Directive 2004/38/EC kicks in straight away irrespective as to the type of visa you have as you will be travelling with your British spouse.

skhurram · Newbie Joined: 24 Sep 2012 Posts: 4

Thanks EUsmileWEallsmile for your quick reply.

This means visa remarks can be ignored safely. Wonderful!

Another question:

We'll have around 11k euros savings with us. (We need to declare the cash at the airport, I must remember that.)

I read somewhere that if the EU citizen can show something like 10k euros in cash, they are considered self-sufficient and do not need to find work as a pre-req of residence card application. Isn't it so?

Thanks.

Directive/2004/38/EC

skhurram · Newbie Joined: 24 Sep 2012 Posts: 4

Thanks for your reply Directive.

Neither of us knows German. I know this is going to be a disadvantage. I'm trying to learn some; it should be a great help even though I hear English is rampant in the IT industry in Berlin.

Currently I'm scouring my network to find any Berlin connection. If all else fails, I guess something similar to Red Tape Translation should help. I gathered from this forum and other places that English alone won't cut it with [some] officials.

Thanks.

Directive/2004/38/EC · Posted: Mon Sep 24, 2012 12:19 pm Post subject:

You will be fine initially. But will enjoy life more as you speak more and more German.

Beware though: I have had some of the worst colds of my life after visiting Berlin in the winter. Not sure why.
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog

skhurram · Newbie Joined: 24 Sep 2012 Posts: 4

Thanks for the warning about cold.

Any idea about return ticket requirement?

I'm sure we don't need return ticket for my wife.

Since I and our children have a tourist visa, I guess we should have return tickets to avoid any trouble from the airline or airport staff.

What do you think?

Thanks.

Directive/2004/38/EC · Posted: Mon Sep 24, 2012 12:36 pm Post subject:

EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4563

Ishy · Posted: Fri Apr 05, 2013 9:13 am Post subject:

Hello All,

I am a French National living in the UK, My non EEA wife recently received her EEA2 residence card. 2 days later we went to France by ferry.
French Border control in dover checked quickly the RC card and handed it back.
Coming back, the UK, The British control kept looking at it for at least 5-10 min. She said they change it sometimes and she haven't seen one like this before. I took other documents with me in case they say something but they were not needed.

This is for French natianal who are confused about the French ambassy website comments about your spouse needing a visa to travel to France if you are French, which doesn't make sense... Anway, you don't need one..

EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4563