EU and non-EU moving to EU together

[solamente]

I’m Portugese and my husband comes from outside EU (Moroccan). We’re living in Morocco but we would like to move together to Germany because we speak German and would like to look for a job there. I wonder if it’s possible to apply for a German (Schengen?) visa in our case (I don’t reside in Germany and we’re both outside EU now). I know about 2004/38/EG directive but I’m not sure if I understand it well. Will he get visa if I don’t reside in Germany (but we will be moving from Spain to Germany together)?
I understand from the directive that for the first three months nobody can ask us for my job papers.

Directive 2004/38/EC
CHAPTER III
RIGHT OF RESIDENCE
Article 6 – Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen.

Will our plan be enough for German embassy to issue a visa for him (we plan to submit our flight tickets and a letter from a person who says he’s going to rent us an apartment, maybe also some job interview confirmations)?

What type of visa should it be?

How about relocating to Austria or Luxemburg on this visa if it was necessary for the employment (because they also speak German there so I’m going to look for job there too and we don’t mind moving if necessary)?

According to the German embassy, I should first relocate to Germany myself and then, when I have a job, apply for family reunification. We would prefer to go there together though.

[Caravel88]

How long have you been married?
Do you have any proof that you have been living together since you got married?

The proof can be joint bills, joint contracts, joint accounts, etc.
Any kind of traceable paperwork.

Your spouse, as the family member of an EU citizen, only needs an entry visa.
This entry visa can be a national visa or in case of a Schengen country, probably a short term Schengen visa.

Once you two enter together, he has the same rights as you, which means unconditional stay for 90 days.

The best thing for you would be to find a job in Germany and using the job offer / job contract, apply for your spouse to move with you. The paper / document requirements will be minimal.

You do not need a visa from AT or LU at all. And Germany is usually excellent at this sort of thing.

I’m Portugese and my husband comes from outside EU (Moroccan). We’re living in Morocco but we would like to move together to Germany because we speak German and would like to look for a job there. I wonder if it’s possible to apply for a German (Schengen?) visa in our case (I don’t reside in Germany and we’re both outside EU now). I know about 2004/38/EG directive but I’m not sure if I understand it well. Will he get visa if I don’t reside in Germany (but we will be moving from Spain to Germany together)?
I understand from the directive that for the first three months nobody can ask us for my job papers.

Directive 2004/38/EC
CHAPTER III
RIGHT OF RESIDENCE
Article 6 – Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen.

Will our plan be enough for German embassy to issue a visa for him (we plan to submit our flight tickets and a letter from a person who says he’s going to rent us an apartment, maybe also some job interview confirmations)?

What type of visa should it be?

How about relocating to Austria or Luxemburg on this visa if it was necessary for the employment (because they also speak German there so I’m going to look for job there too and we don’t mind moving if necessary)?

According to the German embassy, I should first relocate to Germany myself and then, when I have a job, apply for family reunification. We would prefer to go there together though.

[solamente]

How long have you been married?
Do you have any proof that you have been living together since you got married?

The proof can be joint bills, joint contracts, joint accounts, etc.
Any kind of traceable paperwork.

We've been married for not that long and are living in his parents' house. It was supposed to be our new start. Hm, I will think about those docs.

Your spouse, as the family member of an EU citizen, only needs an entry visa.
This entry visa can be a national visa or in case of a Schengen country, probably a short term Schengen visa.

Once you two enter together, he has the same rights as you, which means unconditional stay for 90 days.

I'm not sure what purpose we should check in the box on his application (other? and "EU-citizen family member"?). From what I read, when I have a job in Germany our next step would be to apply for my husband's residence. But I also read somewhere that it's impossible to apply for residence when you're a holder of certain types of visa (for sure tourist). Can it be so that we apply for this "other, EU-citizen family member" but they will give us a tourist visa? I know, maybe a stupid question, but I'm a professional worrier and want to make sure I know everything about the process.

The best thing for you would be to find a job in Germany and using the job offer / job contract, apply for your spouse to move with you. The paper / document requirements will be minimal.

You do not need a visa from AT or LU at all. And Germany is usually excellent at this sort of thing.

So still the case when I already have a job, did I unterstand well? I start my job and he applies right away and gets his visa? I don't need to have worked for three months to be able to apply?

And just in case, let's say he gets this entry visa from Germany, we go there but I find a job in Luxemburg. Will he still be able to apply for residence in Luxemburg on this visa (if I have a job ofc)? I would prefer to live in Luxemburg, but well, due to its size job opportunities are not as abundant as in Germany, that's why we chose Germany.

[Caravel88]

1st -> Yes. You check "other - EU fam. member"

2nd -> You are making things very, very complicated.

Entering and registering are two, unrelated things for family members of EU citizens.

I will explain you the situation in a general way so you have your answers.

When travelling with you or to be with you, your spouse only needs a visa to enter an EU country.
Doesn't matter what type of visa it is.
It is only needed to enter the country.
He actually doesn't even need the visa but without it he can't travel.
Technically if he makes it to the border without a visa but has marriage certificate for instance which proves family link, he would get in.

If you are going to stay in a country 90 days or longer, you need to fulfill certain requirements. These might be having an income, a job, savings, insurance etc.
If you fill these requirements, you can stay in another EU country.
Since your spouse has the same rights as you do, so can he.
Unlike you, he needs to "register", however.
Once he registers, he should get a 5 year residence card.

He can get a visa from any country.
With that visa he can go to that country.
If he gets a Schengen visa he can go to any Schengen country.
If he is in a Schengen country, he can go to another Schengen country without passing immigration.

Once he is in a country with you, his visa means nothing.
He has rights, and those come from being your family member, not the visa.

The easiest and surest ways for you are:
A) You go to Germany. You rent a home. You find a job. He applies for a visa to join you (EU spouse). He presents marriage certificate, copy of your passport, your work contract, home address, etc.

B) You find a job in Germany. You get a work contract. You rent temporary accommodation. He applies to travel with you because you are settling there. He presents the same documents. Then you travel together.

How long have you been married?
Do you have any proof that you have been living together since you got married?

The proof can be joint bills, joint contracts, joint accounts, etc.
Any kind of traceable paperwork.

We've been married for not that long and are living in his parents' house. It was supposed to be our new start. Hm, I will think about those docs.

Your spouse, as the family member of an EU citizen, only needs an entry visa.
This entry visa can be a national visa or in case of a Schengen country, probably a short term Schengen visa.

Once you two enter together, he has the same rights as you, which means unconditional stay for 90 days.

I'm not sure what purpose we should check in the box on his application (other? and "EU-citizen family member"?). From what I read, when I have a job in Germany our next step would be to apply for my husband's residence. But I also read somewhere that it's impossible to apply for residence when you're a holder of certain types of visa (for sure tourist). Can it be so that we apply for this "other, EU-citizen family member" but they will give us a tourist visa? I know, maybe a stupid question, but I'm a professional worrier and want to make sure I know everything about the process.

The best thing for you would be to find a job in Germany and using the job offer / job contract, apply for your spouse to move with you. The paper / document requirements will be minimal.

You do not need a visa from AT or LU at all. And Germany is usually excellent at this sort of thing.

So still the case when I already have a job, did I unterstand well? I start my job and he applies right away and gets his visa? I don't need to have worked for three months to be able to apply?

And just in case, let's say he gets this entry visa from Germany, we go there but I find a job in Luxemburg. Will he still be able to apply for residence in Luxemburg on this visa (if I have a job ofc)? I would prefer to live in Luxemburg, but well, due to its size job opportunities are not as abundant as in Germany, that's why we chose Germany.

[solamente]

2nd -> You are making things very, very complicated.

I'm good at it

Ok, thanks. All clear.

However, I heard about cases when the non-EU spouse of EU citizen was told to leave Germany and apply for reunification from his/her home country because he/she entered on the wrong* visa type.

*Schengen tourist I guess

[Caravel88]

Well, people hear all sorts of things.
You can either read and follow the law, or follow what people say.
EU directive itself says only real requirement is being family member and proving it basically.

Honestly go and read the EU directive. It's not that long.
Chapters 4, 5, 6 will be of most interest to you.

Or you could have also Google'd German govt. websites to see what's actually needed.
Here is an example from Berlin :

https://service.berlin.de/dienstleistung/324282/en/

Do you see any mention of a "visa"?

2nd -> You are making things very, very complicated.

I'm good at it

Ok, thanks. All clear.

However, I heard about cases when the non-EU spouse of EU citizen was told to leave Germany and apply for reunification from his/her home country because he/she entered on the wrong* visa type.

*Schengen tourist I guess

[solamente]

Well, people hear all sorts of things.
You can either read and follow the law, or follow what people say.
EU directive itself says only real requirement is being family member and proving it basically.

Honestly go and read the EU directive. It's not that long.
Chapters 4, 5, 6 will be of most interest to you.

Or you could have also Google'd German govt. websites to see what's actually needed.
Here is an example from Berlin :

https://service.berlin.de/dienstleistung/324282/en/

Do you see any mention of a "visa"?

I read it. My concern is that it's not executed.

From some other topic:

Hi we applied for the free movement visa at the German embassy in Cairo. I’m British Eu my husband is non Eu Egyptian when we collected his passport they have given us a tourist visa C type for only 22 days. Is there anyway we can change this to the free movement to allow us to reside in Germany once we arrive in Germany. The embassy have been very clever and stated should we change the reason of our visit they will block my husbands passport. I intend to go for a few interviews while we are there and start my residency. Does anyone know a way we can make a C visa work once we are there?

Why then they didn't give them a EU-family member visa for 90 days?

[Caravel88]

Fiona sounds deeply confused.

And if you'd read it, you'd have understood that there is no such thing as "EU family member visa for 90 days". There isn't even such a thing called "EU family member visa".

Speaking of Schengen countries when it comes to Schengen visas there are two types in general: short term & long term, each carrying different remarks for different situations, which is irrelevant for an EU family member when travelling to be with their EU fam.

No EU family member will ever be given a "long term" visa if their purpose of visit is to be with their family members who are EU citizens no matter the duration since they only need for entry and once they enter they can do whatever they want.

Well, people hear all sorts of things.
You can either read and follow the law, or follow what people say.
EU directive itself says only real requirement is being family member and proving it basically.

Honestly go and read the EU directive. It's not that long.
Chapters 4, 5, 6 will be of most interest to you.

Or you could have also Google'd German govt. websites to see what's actually needed.
Here is an example from Berlin :

https://service.berlin.de/dienstleistung/324282/en/

Do you see any mention of a "visa"?

I read it. My concern is that it's not executed.

From some other topic:

Hi we applied for the free movement visa at the German embassy in Cairo. I’m British Eu my husband is non Eu Egyptian when we collected his passport they have given us a tourist visa C type for only 22 days. Is there anyway we can change this to the free movement to allow us to reside in Germany once we arrive in Germany. The embassy have been very clever and stated should we change the reason of our visit they will block my husbands passport. I intend to go for a few interviews while we are there and start my residency. Does anyone know a way we can make a C visa work once we are there?

Why then they didn't give them a EU-family member visa for 90 days?