Aufenthaltskarte

Hello,

I am a foreigner staying in Germany and trying to apply for an Aufenthaltskarte as an unemployed with sufficient means. I got married recently to an EU student and trying to stay in Germany. Wondering if somebody knows about financial proof when you apply for an Aufenthaltskarte. My spouse has a part-time job but I don't know if this will help us. Also, we have some savings but what is the required amount or it's better to register as a job seeker?

Thank you.

wdk1 wrote: ↑

Wed Jul 10, 2019 1:05 am

Hello,

I am a foreigner staying in Germany and trying to apply for an Aufenthaltskarte as an unemployed with sufficient means. I got married recently to an EU student and trying to stay in Germany. Wondering if somebody knows about financial proof when you apply for an Aufenthaltskarte. My spouse has a part-time job but I don't know if this will help us. Also, we have some savings but what is the required amount or it's better to register as a job seeker?

Thank you.

Being a student is already exercising treaty rights, no job /finances needed. What you do need is proof of their fill time university studies and comprehensive sickness insurance (and proof that you have registered your residence). Your spouse will be covered under a student policy, I am not sure whether that allows adding a spouse free of charge - call the insurance provider and ask and if the answer is yes, ask them to send you the forms you need to fill in. If for some reason students can't add family members without own income, you may have to insure yourself 'voluntarily' (freiwillige Versicherung).

I already have insurance and Anmeldung. When I went to get the form to fill out for Residence Permit (Aufenthaltskarte) to stay and work in Germany, they told me I need to have a letter from my employer with the job offer or be self-employed. But if I don't have either one I can't stay with my spouse in Germany? If I'm understanding you correctly I don't need proof of financial stability if my spouse is an EU citizen studying in Germany, correct?

Thank you for your response.

wdk1 wrote: ↑

Thu Jul 11, 2019 3:14 am

I already have insurance and Anmeldung. When I went to get the form to fill out for Residence Permit (Aufenthaltskarte) to stay and work in Germany, they told me I need to have a letter from my employer with the job offer or be self-employed. But if I don't have either one I can't stay with my spouse in Germany? If I'm understanding you correctly I don't need proof of financial stability if my spouse is an EU citizen studying in Germany, correct?

Thank you for your response.

Employment or non-employment of the non-EEA family member (you) is irrelevant under EU law, so that's an odd thing to ask of you right there. Did you ask them how to apply as self-sufficient or something along the line? You'd need to apply on the basis of your spouse being a student.

How many hours do they work per week? If it's over 16 hours (or maybe 20?, I think there might have been a slight change in definition of what is regarded as genuine and effective employment) you could also apply on the basis of that job.

Are you in a smallish town?

A lot of immigration departments are not well-versed in European law (and hate it). How long has your spouse been in Germany and are they in full time university education? How long have you been in Germany?

Being a full time student means they are exercising treaty rights. That gives you, as a direct family member, the right to stay and work in Germany as long as your spouse is exercising treaty rights.

wdk1 wrote: ↑

Thu Jul 11, 2019 3:14 am

I already have insurance and Anmeldung. When I went to get the form to fill out for Residence Permit (Aufenthaltskarte) to stay and work in Germany, they told me I need to have a letter from my employer with the job offer or be self-employed. But if I don't have either one I can't stay with my spouse in Germany? If I'm understanding you correctly I don't need proof of financial stability if my spouse is an EU citizen studying in Germany, correct?

Thank you for your response.

I apologise, I just checked the official websites and at least the German ones do mention 'adequate resources' for family members of EU students. I have not seen that mentioned in other countries' info but must admit I haven't really had reason to check on that. I'll have another look later on but don't have the time right now.

https://www.bmi.bund.de/EN/topics/migra ... -node.html

It could be that this is the German interpretation of 'not becoming a burden on the host state'

So, the question of how many hours your spouse works per week could be essential here.

My spouse is full time student and lives in Germany for about a year. I'm here about a month now. The part-job is 20 hours a week. Correct, it's a small town. As I was reading I need to make at least €700 a month to be considered that I can support myself.

No worries, thanks for your help.

wdk1 wrote: ↑

Thu Jul 11, 2019 1:45 pm

My spouse is full time student and lives in Germany for about a year. I'm here about a month now. The part-job is 20 hours a week. Correct, it's a small town. As I was reading I need to make at least €700 a month to be considered that I can support myself.

No worries, thanks for your help.

It might be a lot easier to just apply under the 'worker' category using the job.

Although, apparently, under EU-law, students can simply 'declare' that they have sufficient means, maybe that's why I have never heard of it before.

https://eur-lex.europa.eu/legal-content ... 1998CJ0424

Smaller towns also have less experience with non-EEA family members of EEA students, so you may have to ask for a supervisor or head of department if you encounter trouble. Universities also usually have an international student advisers who may be able to help.