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EU-member moving to Germany with non-EU spouse

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jnciesp
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Joined: Mon Apr 23, 2018 11:13 pm
Guatemala

EU-member moving to Germany with non-EU spouse

Post by jnciesp » Mon Apr 23, 2018 11:20 pm

Hello Everyone, I hope you're doing well!

My spouse and I will be moving to Germany soon. I have 2 job possibilities (Hamburg or Berlin). I have an EU passport from Spain, we're both living in Central America. My question is:

- How will she be able to enter and have a residence/work permit? (we could get married if it's necessary).

I understand there's the family reunion visa, but that process takes several months. Taking into account I have the EU passport there should be other alternatives so she could go with me without waiting months for a visa?

Also, reading here in xxxxxx weblink removed by moderator under "Long-stay German visa: longer than three months" it says if you're a resident from a country where no entry visa is required (Schengen area, our country does not need a visa for stays up to 90 days) you can apply for this permit from within Germany. In this case:

Could she buy a 1 way ticket with me, use the "Schengen area up-to-90-days visa" to enter and start the residence permit process once we're in Germany?

I'm just trying to complete this puzzle and not miss any pieces.

Thanks in advance for any help!

Caravel88
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Spain

Re: EU-member moving to Germany with non-EU spouse

Post by Caravel88 » Tue Apr 24, 2018 9:14 am

Travel together with a one way ticket.
You might be asked to prove that she is your spouse.
So it might be an idea to register your marriage beforehand in your country of nationality.

Once you are in, register as a resident exercising your right of free movement and your spouse gets to have a 5 year permit. This process can take from weeks to months (Up to 6) but no problem living / working during that time.

It would be best if you start working ASAP in Germany since there is the problem of insurance there and your spouse will be insured under your insurance. I think this (having insurance) is a requirement there.

gokulatti
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Location: Netherlands/Norway
Norway

Re: EU-member moving to Germany with non-EU spouse

Post by gokulatti » Tue Apr 24, 2018 9:48 am

Can you elaborate a little maybe, I am having difficulty understanding in you saying non eu spouse and then also saying we could get married.

jnciesp
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Posts: 4
Joined: Mon Apr 23, 2018 11:13 pm
Guatemala

Re: EU-member moving to Germany with non-EU spouse

Post by jnciesp » Tue Apr 24, 2018 1:58 pm

gokulatti wrote:
Tue Apr 24, 2018 9:48 am
Can you elaborate a little maybe, I am having difficulty understanding in you saying non eu spouse and then also saying we could get married.
We'll get married soon, I'm sorry for the confusion.

jnciesp
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Posts: 4
Joined: Mon Apr 23, 2018 11:13 pm
Guatemala

Re: EU-member moving to Germany with non-EU spouse

Post by jnciesp » Tue Apr 24, 2018 2:01 pm

Caravel88 wrote:
Tue Apr 24, 2018 9:14 am
Travel together with a one way ticket.
You might be asked to prove that she is your spouse.
So it might be an idea to register your marriage beforehand in your country of nationality.

Once you are in, register as a resident exercising your right of free movement and your spouse gets to have a 5 year permit. This process can take from weeks to months (Up to 6) but no problem living / working during that time.

It would be best if you start working ASAP in Germany since there is the problem of insurance there and your spouse will be insured under your insurance. I think this (having insurance) is a requirement there.
Thank you very much for your input. So you mean we could just fly there together and she could apply for the visa within Germany? Do you have a link where that is documented?

I would go to Germany until I already have a job.

jnciesp
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Posts: 4
Joined: Mon Apr 23, 2018 11:13 pm
Guatemala

Re: EU-member moving to Germany with non-EU spouse

Post by jnciesp » Tue Apr 24, 2018 5:53 pm

I just heard from our local German Embassy that she should apply for the family reunion visa with an EU citizen. She would require to present:
  • National visa solicitation document.
    2 pictures
    2 passport copies (my EU passport and her Guatemalan passport)
    Marriage certificate
    Proof of income (bank statements of last 3 months)
    My work offer with with salary indicated
    International medical insurance for both
    House/apartment contract (Only if I have it)
The process takes 10 days if all documentation is complete and in order. I don't understand point 5: Bank statements from my job here in Guatemala to ensure I have the money, or bank statements from me already working Germany? Although it states work offer in another point, not contract, so I assume it's from my local bank. Also it asks for home/apartment only if I already have one.

This would mean I could travel with her initially, right? Does this sound correct to you?

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ALKB
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Location: Berlin
Germany

Re: EU-member moving to Germany with non-EU spouse

Post by ALKB » Tue Apr 24, 2018 8:04 pm

jnciesp wrote:
Tue Apr 24, 2018 2:01 pm
Caravel88 wrote:
Tue Apr 24, 2018 9:14 am
Travel together with a one way ticket.
You might be asked to prove that she is your spouse.
So it might be an idea to register your marriage beforehand in your country of nationality.

Once you are in, register as a resident exercising your right of free movement and your spouse gets to have a 5 year permit. This process can take from weeks to months (Up to 6) but no problem living / working during that time.

It would be best if you start working ASAP in Germany since there is the problem of insurance there and your spouse will be insured under your insurance. I think this (having insurance) is a requirement there.
Thank you very much for your input. So you mean we could just fly there together and she could apply for the visa within Germany? Do you have a link where that is documented?

I would go to Germany until I already have a job.
She can enter Germany with visa on arrival and apply in-country for a residence card as a family member of an EEA national.

You need to be married.

You need to register your residence with the municipality.

In the first 90 days after your arrival, health insurance, work contract, salary slips and bank statement showing salary going in are not mandatory when applying for the residence card but to be very honest, to have as many of those things as possible just makes things easier and go smoother. So, personally, I would make an appointment for application for residence card (Aufenthaltskarte) for just after having worked in Germany for a month/after you get your first salary payment, and until then use the time in between to gather all the other documents (registration certificate, certificate of membership from health insurance, your work contract, first salary slip and bank statement). These applications are often decided on the spot and the residence card arrives about 3 weeks later.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

mgb
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Re: EU-member moving to Germany with non-EU spouse

Post by mgb » Thu Apr 26, 2018 12:45 pm

Citizen of Guatemala get visa free entry to the schengen area.
If the spouse is a citizen of Guatemala she can enter the schengen area and apply for a resident permit (Aufenthaltskarte) at the local foreigner office in Germany.
Bank statement, health insurance and pay slips are not a requirement for workers with a eu nationality.

heetdpatel
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Re: EU-member moving to Germany with non-EU spouse

Post by heetdpatel » Tue Sep 25, 2018 5:01 am

Sorry Does she eligible to open an bank account , when she is on tourist visa?

Caravel88
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Re: EU-member moving to Germany with non-EU spouse

Post by Caravel88 » Tue Sep 25, 2018 8:07 am

No.
heetdpatel wrote:
Tue Sep 25, 2018 5:01 am
Sorry Does she eligible to open an bank account , when she is on tourist visa?

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