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Searching for an ECJ ruling on Freedom of movement

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beecee
Newly Registered
Posts: 1
Joined: Wed Jan 15, 2020 9:32 pm

Searching for an ECJ ruling on Freedom of movement

Post by beecee » Wed Jan 15, 2020 9:47 pm

Hallo everyone,
I will be thankful if some can help me find an ECJ judgment.

The judgment was that the dependency and residence permits for non-EU family members of the EU citizens should be decided during registration in country and not when applying for entry visa at the embassy.

I remembered seeing something like this, but cant seem to find it. Any help would be highly appreciated.

Background
I am a British citizen living in Germany and wanted to bring my dependent Indian father to live with me. I have been paying maintenance for almost 3 years and have a good job in Germany. So, I believe I tick all boxes.

But when my father wanted to apply for long term visa at the embassy, they told him he can only get Schengen for 90 days (which is correct). But then I misunderstood it and in a fit, decided to leave for France. The French did issue a schengen visa for him immediately asking to register when in France. And he is coming to Paris soon.

However, some friends have advised me that I should still try German residence permit when they visit me by travelling via road from Paris. The problem is the local foreigner office. They are not even willing to accept the application for residence permit - stating that we should go back to India and get a national visa from German embassy there.

The worst is that they are only telling this over phone and not replying to any emails or putting anything in writing.

Thats where I need the judgement which could help me convince them that it is their job to decide on dependency and not the embassy.

I will also be thankful for any other help in my situation.

Bw
Beecee

User avatar
ALKB
Respected Guru
Posts: 565
Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: Searching for an ECJ ruling on Freedom of movement

Post by ALKB » Fri Jan 17, 2020 9:03 am

beecee wrote:
Wed Jan 15, 2020 9:47 pm
Hallo everyone,
I will be thankful if some can help me find an ECJ judgment.

The judgment was that the dependency and residence permits for non-EU family members of the EU citizens should be decided during registration in country and not when applying for entry visa at the embassy.

I remembered seeing something like this, but cant seem to find it. Any help would be highly appreciated.

Background
I am a British citizen living in Germany and wanted to bring my dependent Indian father to live with me. I have been paying maintenance for almost 3 years and have a good job in Germany. So, I believe I tick all boxes.

But when my father wanted to apply for long term visa at the embassy, they told him he can only get Schengen for 90 days (which is correct). But then I misunderstood it and in a fit, decided to leave for France. The French did issue a schengen visa for him immediately asking to register when in France. And he is coming to Paris soon.

However, some friends have advised me that I should still try German residence permit when they visit me by travelling via road from Paris. The problem is the local foreigner office. They are not even willing to accept the application for residence permit - stating that we should go back to India and get a national visa from German embassy there.

The worst is that they are only telling this over phone and not replying to any emails or putting anything in writing.

Thats where I need the judgement which could help me convince them that it is their job to decide on dependency and not the embassy.

I will also be thankful for any other help in my situation.

Bw
Beecee

When you say you left for France, you mean you un-registered in Germany, registered in France and you are exercising treaty rights there, tight?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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