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Only dependent parents of EEA citizens have an automatic right to move with them around the EU. As your brother is only 9 years old, it is unlikely that your mother is dependent on him. Also, she is working, reducing the claim of dependency.
Thank you for the comment dear friend, she is a resident in Goch, close to Kleve at the moment.secret.simon wrote: ↑Sat Feb 08, 2020 9:06 pmShe does not have an automatic right to reside in Germany. She needs to apply for a permit to stay.
In which state of Germany is your brother resident? Does he reside there with the other parent? Does the mother reside with him them?
Also see these state government websites about applying for a residence permit.
Saxony - https://www.sachsen.de/en/1454.htm
Berlin - https://service.berlin.de/dienstleistung/324282/en/
As I said, she does not have an automatic right to reside and it is quite possible that Germany imposes fines if the relevant applications are not made in time.alexjames2320 wrote: ↑Sat Feb 08, 2020 10:09 pmshe visited this Kreis Kleve and they are the ones that said that she needs to pay a fine for overstaying
Only with my mother he moved to Germany, they moved together end of July i think, but my mom visigted the UK and Albanian during that period, noone in the Border controll ever told her that she is not allowed to stay more or anything else, they went together for a better future. i tried to call them many times but they are not speaking english or neither want to talk to me in English to discuss the issue.secret.simon wrote: ↑Sat Feb 08, 2020 10:31 pmAs I said, she does not have an automatic right to reside and it is quite possible that Germany imposes fines if the relevant applications are not made in time.alexjames2320 wrote: ↑Sat Feb 08, 2020 10:09 pmshe visited this Kreis Kleve and they are the ones that said that she needs to pay a fine for overstaying
Here is the website of the Kleve district (Kreis) with contact information. You may want to contact them directly to argue your mother's case.
On a point of interest, when did your brother move to Germany and did he move with another member of his family or just his mother?
@ALKB is more knowledgeable in matters relating to Germany and I will attempt to rope him into this conversation.
If they moved at the end of July, when did they register their residence in Germany?alexjames2320 wrote: ↑Sat Feb 08, 2020 10:48 pmOnly with my mother he moved to Germany, they moved together end of July i think, but my mom visigted the UK and Albanian during that period, noone in the Border controll ever told her that she is not allowed to stay more or anything else, they went together for a better future. i tried to call them many times but they are not speaking english or neither want to talk to me in English to discuss the issue.secret.simon wrote: ↑Sat Feb 08, 2020 10:31 pmAs I said, she does not have an automatic right to reside and it is quite possible that Germany imposes fines if the relevant applications are not made in time.alexjames2320 wrote: ↑Sat Feb 08, 2020 10:09 pmshe visited this Kreis Kleve and they are the ones that said that she needs to pay a fine for overstaying
Here is the website of the Kleve district (Kreis) with contact information. You may want to contact them directly to argue your mother's case.
On a point of interest, when did your brother move to Germany and did he move with another member of his family or just his mother?
@ALKB is more knowledgeable in matters relating to Germany and I will attempt to rope him into this conversation.
Hello Dear friend, thanks a lot for your reply and information that you provided, My mother has registered her residency after a week of living in Germany, so beggining of August, she is Paying taxes and all that but she is working part time at the moment with a income of 450+Euro she is not renting her own place but my uncle is hosting her in his house. she did receive paperwork when she registered but noone said that she had 90 day to do. My father is not an EU is only us the brothers that we have EU passports parents have Albanian Passports. The languagew issue is that i have to talk to them and understand what they were asking from her as i do not speak Dutch and the only one who can help with the language is my uncle, my question now is, can they fine her and try to take her back to Albania or Greece? even if she accepts that she made a mistake and she will go back and try and get a residence on her return.ALKB wrote: ↑Sat Feb 08, 2020 11:15 pmIf they moved at the end of July, when did they register their residence in Germany?alexjames2320 wrote: ↑Sat Feb 08, 2020 10:48 pmOnly with my mother he moved to Germany, they moved together end of July i think, but my mom visigted the UK and Albanian during that period, noone in the Border controll ever told her that she is not allowed to stay more or anything else, they went together for a better future. i tried to call them many times but they are not speaking english or neither want to talk to me in English to discuss the issue.secret.simon wrote: ↑Sat Feb 08, 2020 10:31 pmAs I said, she does not have an automatic right to reside and it is quite possible that Germany imposes fines if the relevant applications are not made in time.alexjames2320 wrote: ↑Sat Feb 08, 2020 10:09 pmshe visited this Kreis Kleve and they are the ones that said that she needs to pay a fine for overstaying
Here is the website of the Kleve district (Kreis) with contact information. You may want to contact them directly to argue your mother's case.
On a point of interest, when did your brother move to Germany and did he move with another member of his family or just his mother?
@ALKB is more knowledgeable in matters relating to Germany and I will attempt to rope him into this conversation.
If your mother has a 5-year residence card from Greece, she has the right to visit other EU countries for up to 90 days, so border control won't tell her that she can't enter/visit. Did she tell border control that she was moving indefinitely to Germany?
In any case, she should have applied for a German residence card within 90 days of arrival. Since 90 days have long passed, does she have German health insurance, is she paying tax and social contributions, etc.?
Is the child's father an EU national? Where is he?
The official language of Germany is German and servants of the state/employees of government agencies are actually not supposed to speak to people in any other language than German, to minimise misunderstandings/mistakes/things getting lost in translation. If your mother or you don't speak German, you'll need to employ a translator.
Did she receive any paperwork? It would be helpful to read what that says.
She might have a case under Chavez-Vilchez:
https://www.migrationsrecht.net/nachric ... recht.html
But I am not a lawyer and would encourage your mother to get advice from a local immigration lawyer in Germany.
Is she earning 450 Euro or more than 450 Euro? Does she have health insurance?alexjames2320 wrote: ↑Sun Feb 09, 2020 3:58 pmHello Dear friend, thanks a lot for your reply and information that you provided, My mother has registered her residency after a week of living in Germany, so beggining of August, she is Paying taxes and all that but she is working part time at the moment with a income of 450+Euro she is not renting her own place but my uncle is hosting her in his house. she did receive paperwork when she registered but noone said that she had 90 day to do. My father is not an EU is only us the brothers that we have EU passports parents have Albanian Passports. The languagew issue is that i have to talk to them and understand what they were asking from her as i do not speak Dutch and the only one who can help with the language is my uncle, my question now is, can they fine her and try to take her back to Albania or Greece? even if she accepts that she made a mistake and she will go back and try and get a residence on her return.ALKB wrote: ↑Sat Feb 08, 2020 11:15 pmIf they moved at the end of July, when did they register their residence in Germany?alexjames2320 wrote: ↑Sat Feb 08, 2020 10:48 pmOnly with my mother he moved to Germany, they moved together end of July i think, but my mom visigted the UK and Albanian during that period, noone in the Border controll ever told her that she is not allowed to stay more or anything else, they went together for a better future. i tried to call them many times but they are not speaking english or neither want to talk to me in English to discuss the issue.secret.simon wrote: ↑Sat Feb 08, 2020 10:31 pmAs I said, she does not have an automatic right to reside and it is quite possible that Germany imposes fines if the relevant applications are not made in time.
Here is the website of the Kleve district (Kreis) with contact information. You may want to contact them directly to argue your mother's case.
On a point of interest, when did your brother move to Germany and did he move with another member of his family or just his mother?
@ALKB is more knowledgeable in matters relating to Germany and I will attempt to rope him into this conversation.
If your mother has a 5-year residence card from Greece, she has the right to visit other EU countries for up to 90 days, so border control won't tell her that she can't enter/visit. Did she tell border control that she was moving indefinitely to Germany?
In any case, she should have applied for a German residence card within 90 days of arrival. Since 90 days have long passed, does she have German health insurance, is she paying tax and social contributions, etc.?
Is the child's father an EU national? Where is he?
The official language of Germany is German and servants of the state/employees of government agencies are actually not supposed to speak to people in any other language than German, to minimise misunderstandings/mistakes/things getting lost in translation. If your mother or you don't speak German, you'll need to employ a translator.
Did she receive any paperwork? It would be helpful to read what that says.
She might have a case under Chavez-Vilchez:
https://www.migrationsrecht.net/nachric ... recht.html
But I am not a lawyer and would encourage your mother to get advice from a local immigration lawyer in Germany.
Once again Dear friend thanks for your response, my mother is earning 450 and paying insurance according to what she told me. My uncle is trying to help her but he has no idea of the immigration paperwork, Yes they did gave her a letter saying that she needs to Attend or leave on the 13th of February in 3days time. My uncle is not an EU he has a permanent residency in Germany and living there for the last 25 years, my father is not with her at the moment he is living back home in Greece as he is working there, he was planning to move to Germany but later this year, my mother's residency in a 5years Family member of EU citizen residency card. I do understand that the information is complex and confusing but I just had no other choice than to write to the forum to see what I can do, the Lawyer asked for 500+ just to start the Case and with no guarantee, thanks a lot for trying to help me as much as you can.ALKB wrote: ↑Sun Feb 09, 2020 9:14 pmIs she earning 450 Euro or more than 450 Euro? Does she have health insurance?alexjames2320 wrote: ↑Sun Feb 09, 2020 3:58 pmHello Dear friend, thanks a lot for your reply and information that you provided, My mother has registered her residency after a week of living in Germany, so beginning of August, she is Paying taxes and all that but she is working part-time at the moment with an income of 450+Euro she is not renting her place but my uncle is hosting her in his house. she did receive paperwork when she registered but no one said that she had 90 days to do. My father is not an EU is only us the brothers that we have EU passports parents have Albanian Passports. The language issue is that I have to talk to them and understand what they were asking from her as I do not speak Dutch and the only one who can help with the language is my uncle, my question now is, can they fine her and try to take her back to Albania or Greece? even if she accepts that she made a mistake and she will go back and try and get a residence on her return.ALKB wrote: ↑Sat Feb 08, 2020 11:15 pmIf they moved at the end of July, when did they register their residence in Germany?alexjames2320 wrote: ↑Sat Feb 08, 2020 10:48 pm
Only with my mother he moved to Germany, they moved together with the end of July I think, but my mom visited the UK and Albanian during that period, no one in the Border control ever told her that she is not allowed to stay more or anything else, they went together for a better future. I tried to call them many times but they are not speaking English or neither want to talk to me in English to discuss the issue.
If your mother has a 5-year residence card from Greece, she has the right to visit other EU countries for up to 90 days, so border control won't tell her that she can't enter/visit. Did she tell border control that she was moving indefinitely to Germany?
In any case, she should have applied for a German residence card within 90 days of arrival. Since 90 days have long passed, does she have German health insurance, is she paying tax and social contributions, etc.?
Is the child's father an EU national? Where is he?
The official language of Germany is German and servants of the state/employees of government agencies are not supposed to speak to people in any other language than German, to minimise misunderstandings/mistakes/things getting lost in translation. If your mother or you don't speak German, you'll need to employ a translator.
Did she receive any paperwork? It would be helpful to read what that says.
She might have a case under Chavez-Vilchez:
https://www.migrationsrecht.net/nachric ... recht.html
But I am not a lawyer and would encourage your mother to get advice from a local immigration lawyer in Germany.
I didn't mean paperwork for registering, I mean paperwork that says that she has to leave.
The people at the Rathaus or Meldeamt who are doing the registering are not immigration experts, it's not their job to provide immigration advice, it's your mother's responsibility to make sure she has the right paperwork to stay and work.
Is the uncle not helping? If you need to talk to the German authorities, then get somebody to translate for you.
She can be fined and taken back to Albania or Greece (on which basis was the Greek residence card issued?), especially if she doesn't get competent help that can identify her rights and help her to enforce those rights should she have them.
Again, where is the other parent of the child?
Is the uncle an EU national?
This situation is way beyond the scope of an internet forum, especially since all information is hearsay and none of you speaks the language in which the information was provided.
I urge you to get at least a consultation with an experienced immigration lawyer who knows their way around EU law.
450 Euro is the threshold for paying tax, social contributions and health insurance. The only thing she might be paying is pension contributions.alexjames2320 wrote: ↑Mon Feb 10, 2020 7:36 amOnce again Dear friend thanks for your response, my mother is earning 450 and paying insurance according to what she told me. My uncle is trying to help her but he has no idea of the immigration paperwork, Yes they did gave her a letter saying that she needs to Attend or leave on the 13th of February in 3days time. My uncle is not an EU he has a permanent residency in Germany and living there for the last 25 years, my father is not with her at the moment he is living back home in Greece as he is working there, he was planning to move to Germany but later this year, my mother's residency in a 5years Family member of EU citizen residency card. I do understand that the information is complex and confusing but I just had no other choice than to write to the forum to see what I can do, the Lawyer asked for 500+ just to start the Case and with no guarantee, thanks a lot for trying to help me as much as you can.
How did the appointment go?alexjames2320 wrote: ↑Mon Feb 10, 2020 7:36 amYes they did gave her a letter saying that she needs to Attend or leave on the 13th of February in 3days time.
