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EU citizen married to NON EU citizen - Moving to Germany

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jimsoerensen
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Posts: 1
Joined: Mon Sep 09, 2019 6:23 am
Denmark

EU citizen married to NON EU citizen - Moving to Germany

Post by jimsoerensen » Mon Sep 09, 2019 7:20 am

I am from Denmark - my wife is from Thailand.

We currently live in Bulgaria - both have Bulgarian Residence Card, valid 1 year.

We would like to move to Germany but get contradicting information from German Embassy in Sofia and German Foreign Ministry of Foreign Affairs (MFA).

MFA say that since my wife has Bulgarian Residence Card as of Family Member under Directive 2004/38/EC (Family Member of an EU citizen) and We travel together to Germany then "We don't have to go through any Visa Procedure at German Embassy in Sofia" but can do all paperwork once we are in Germany.

German Embassy claim that we should apply for visa at the Embassy.

Anyone done this with same situation as ours ? Thanks in advance

gokulatti
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Posts: 254
Joined: Wed Mar 01, 2017 9:34 am
Location: Netherlands/Norway
Norway

Re: EU citizen married to NON EU citizen - Moving to Germany

Post by gokulatti » Tue Sep 10, 2019 11:14 am

Ok, this is an interesting question. I believe I might be able to give you some of my opinions, mind you, it mostly comes from experience and google, so it is not official.

Although Bulgaria is a member state (MS) of the EU it is indeed not part of Schengen yet. Usually, when a third-country national in possession of a valid residence permit/visa issued (issued under anything OTHER THAN EU law) by a MS (say Greece) travels to another MS (say Italy) they invoke Schengen agreement agreed by all participating MS (greece and italy are participating MS) and therefore travel without the need of a temporary visa to other MS (Italy) being travelled to. Since Bulgaria is not a participating Schengen country your spouse cannot make use of the Schengen agreement.

However, if the spouse has a Residence card/Permit/Visa issued under EU law, typically 5 years validity (Family member of a Union/or EEA/or EU national) super seeds the Schengen agreement and therefore grants the 3rd country national the right to travel while travelling together/joining the EU national (in this case OP danish) under article 5 of directive 2004/38, this is the law behind it.

The problem arises when airline workers who do know the law to the full extent and take the easy way out by refusing the boarding of 3rd country national.

You could also apply for the entry visa at the german embassy for the 3rd country national under EU law, armed with a family relationship, proof of exercising treaty rights (please refer to directive 2004/38 for more details or check the forums) and proof that you are travelling with the 3rd country national.

OR take these proofs to the land border at Greece, show your spouses art.10 residence card, technically they should let you in/ worst-case scenario, they are obliged to give the entry visa (greek, Schengen) on the spot and travel henceforth to Germany.

P.S say, if you do not have a work contract already in germany, make sure you have enough proof of funds for subsistence for you and family members.

ibwe
Junior Member
Posts: 61
Joined: Wed Apr 04, 2012 7:07 am
Tanzania

Re: EU citizen married to NON EU citizen - Moving to Germany

Post by ibwe » Wed Sep 11, 2019 7:14 am

"MFA say that since my wife has Bulgarian Residence Card as of Family Member under Directive 2004/38/EC (Family Member of an EU citizen) and We travel together to Germany then "We don't have to go through any Visa Procedure at German Embassy in Sofia" but can do all paperwork once we are in Germany."

Hi,

I agree with MFA and you should go to Germany. Based on the freedom of movement inside EU, you might opt to stay in Germany for at most three months before applying for residence there. Once you have your job sorted out with contracts and assurance of funding for your spouse, then you have no problem in getting residence for your her.

You can test this by heading to Greece by car. At the border just give them the cards - your Danish ID card and her Residence card with her passport. See what they say. I am 100 percent sure that if her card is under the Directive 2004/38/EC then they wont even stamp her passport. Moreover, most European airlines are now familiar with the cards though they might spend some time trying to ask around. Just have the copy of directive with you and show them the relevant parts.

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