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Applying as self-sufficient with non-EEA spouse

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edai
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Applying as self-sufficient with non-EEA spouse

Post by edai » Mon Mar 18, 2019 1:04 pm

Hi !

I'm a Romanian citizen married to a US citizen. We've lived in the UK and Romania and the wife had residence cards for each country. She's currently back in the US but returning soon (her Romanian residence card has expired while in the US). We'd like to live somewhere in the EU again and we're trying to find out which country would be easier for us to move to. I earn money playing online poker and matched betting and we applied as self-sufficient in the UK. We were denied but hired lawyers and won the appeal (I think we had 12-13 thousand pounds in the bank, though the pound was a lot stronger back then).

From what I gather a UK residence card was not needed for a non-EEA spouse as long as the EEA spouse was exercising his/her EEA rights (in our case self-sufficiency) but it helped to have it since it made getting a job, traveling and so on easier. The UK also does not require you to register with local authorities. Is this the case with other EU/EEA countries? What would we have to do in order to stay for longer than the 90 day Schengen limit? Is it enough to have enough funds plus private health insurance and not claim any benefits or are we required to apply for residence cards within the first 90 days? I assume we'd have to register locally at the very least. Is it the same as in the UK or could my wife be expelled if she ''overstayed'' while I was exercising my rights through self-sufficiency? And is there a way to find out how much money is needed for that? I read in another thread someone said 10k euros for Germany which seems very low to me.

Thank you so much!

Caravel88
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Re: Applying as self-sufficient with non-EEA spouse

Post by Caravel88 » Fri Mar 22, 2019 10:25 am

Hello,

You can go and stay in any EU country unconditionally for 90 days.
After that registration procedure for the EU spouse depends on the country.
They are same as their own citizens as they will be to you.

To stay longer than 90 days you have to prove that you are self-sufficient, or have a job, or a student. Self-sufficiency limit depends on the country.

Non-EU spouse will have to register to get a 1 to 5 year residence permit. No exceptions, it is an obligation in general for the NON-EU spouse.

You spouse can not be expelled if you are staying rightfully in the country (i.e., meeting one of the conditions listed above).

10k for Germany is reasonable but it can be 13. No one knows. You just have to prove that you can support yourself for 12 months to come.
edai wrote:
Mon Mar 18, 2019 1:04 pm
Hi !

I'm a Romanian citizen married to a US citizen. We've lived in the UK and Romania and the wife had residence cards for each country. She's currently back in the US but returning soon (her Romanian residence card has expired while in the US). We'd like to live somewhere in the EU again and we're trying to find out which country would be easier for us to move to. I earn money playing online poker and matched betting and we applied as self-sufficient in the UK. We were denied but hired lawyers and won the appeal (I think we had 12-13 thousand pounds in the bank, though the pound was a lot stronger back then).

From what I gather a UK residence card was not needed for a non-EEA spouse as long as the EEA spouse was exercising his/her EEA rights (in our case self-sufficiency) but it helped to have it since it made getting a job, traveling and so on easier. The UK also does not require you to register with local authorities. Is this the case with other EU/EEA countries? What would we have to do in order to stay for longer than the 90 day Schengen limit? Is it enough to have enough funds plus private health insurance and not claim any benefits or are we required to apply for residence cards within the first 90 days? I assume we'd have to register locally at the very least. Is it the same as in the UK or could my wife be expelled if she ''overstayed'' while I was exercising my rights through self-sufficiency? And is there a way to find out how much money is needed for that? I read in another thread someone said 10k euros for Germany which seems very low to me.

Thank you so much!

edai
Newly Registered
Posts: 3
Joined: Mon Mar 18, 2019 12:31 pm
Mood:
Romania

Re: Applying as self-sufficient with non-EEA spouse

Post by edai » Fri Mar 22, 2019 12:13 pm

Oh thank you !

I thought all spouse residence cards were 5 years by default? Who decides the period, do the authorities do it or do you apply for a certain period? And do you have to show them you have enough funds for the first 12 months in all cases or does it need to be enough for 5 years if that is the length of the stay.

Caravel88
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Re: Applying as self-sufficient with non-EEA spouse

Post by Caravel88 » Fri Mar 22, 2019 3:52 pm

No problem.

Authorities decide the length. There isn't a certain guide.
If everything's in order, in general the residence permit is given for a period of 5 years.
You have to show that you are self sufficient for at least a year to apply for your non-EU spouse's registration / residence permit.
edai wrote:
Fri Mar 22, 2019 12:13 pm
Oh thank you !

I thought all spouse residence cards were 5 years by default? Who decides the period, do the authorities do it or do you apply for a certain period? And do you have to show them you have enough funds for the first 12 months in all cases or does it need to be enough for 5 years if that is the length of the stay.

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ALKB
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Joined: Mon Mar 26, 2012 11:32 am
Location: Berlin
Germany

Re: Applying as self-sufficient with non-EEA spouse

Post by ALKB » Fri Mar 22, 2019 5:38 pm

Caravel88 wrote:
Fri Mar 22, 2019 10:25 am
Hello,

You can go and stay in any EU country unconditionally for 90 days.
After that registration procedure for the EU spouse depends on the country.
They are same as their own citizens as they will be to you.

To stay longer than 90 days you have to prove that you are self-sufficient, or have a job, or a student. Self-sufficiency limit depends on the country.

Non-EU spouse will have to register to get a 1 to 5 year residence permit. No exceptions, it is an obligation in general for the NON-EU spouse.

You spouse can not be expelled if you are staying rightfully in the country (i.e., meeting one of the conditions listed above).

10k for Germany is reasonable but it can be 13. No one knows. You just have to prove that you can support yourself for 12 months to come.


I would be very surprised if 10k would be accepted as self-sufficient for one year in Germany, especially if they have to sign up for voluntary statutory health insurance due to not working in Germany.

The subsistence level for 2019 is € 15540/year for a married couple and that will be a really, really hard life if living anywhere with good job opportunities aka high cost of living areas.

I'd estimate that OP could make it for maybe 5-6 months on 10K and that's living frugally.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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