Pravin_182 wrote: ↑
Mon Dec 30, 2019 1:14 pm
I am a Nepalese man married to a German citizen since 2017. I have a child who was born in Ireland but holds German citizenship. I have the EU Fam stamp 4 . Both me and my wife work here. We want to move to Germany as Ireland is getting unaffordable. How will it affect my status to remain in Europe? Will the Eu Fam stamp 4 be still valid and can I still enjoy the rights that come with EU fam stamp 4 that was issued in Ireland if we move to Germany? What will I need to do to get similar status in Germany? Does anyone know how long does it take to get a residency permit in Germany under my circumstances? Thank you in advance.
You have two choices:
1. You can apply under German domestic immigration law since your spouse is a German national. This has advantages and disadvantages. The main disadvantage would be that the authorities can require you to complete a 660 hour integration course (language and culture). The main advantage would be that you can get indefinite leave after three years, if you fulfill the requirements (language, etc.) for it and since you are married to a German national you could then even get naturalised early, again if you fulfill the requirements such as language, income, passed the citizenship test, etc.
German spouse visas are applied for in person and decided on the spot.
2. You can also use European freedom of movement under the Surinder Singh case law, since your German spouse has resided with you in another EU country while exercising EU treaty rights. The main advantage is that the authorities can't make you take any language classes if you don't want to (as long as you don't apply for benefits). Usually, applications for a residence card of family members of EU nationals (Aufenthaltskarte EU) are decided on the spot, the authorities can take up to 6 months to decide, if they want to.
In both cases, you have to move to Germany (you can use your Irish EU permit for that), register your residence with the local municipality and make an appointment at the local Ausländerbehörde for the application. Sometimes there is a first come first serve number system but that depends on where you apply. For the spouse visa you also have to bring proof of accommodation, health insurance and income (no hard and fast income threshold as such) for the residence card you don't need to show any of that if you apply within 90 days of arriving in Germany (in theory) but if you have the documents that's still helpful because sometimes the authorities will hold a residence card application until the 90 day mark has passed and then ask for those documents.
I am not a regulated immigration advisor. I am offering an opinion and not advice.