Non-EU spouse and British citizen move together to Germany

Hi.

I wonder if anyone can point me to the right direction.

I am a Chinese national currently in china with my British husband. I have a ILR uk residence permit (which I understand cannot be used to enter Schengen countries). we were planning on doing the uk family route to ultimately get me a British passport, but Brexit makes us think otherwise. We are considering flying straight to Germany from china and settle there.

I have been contacting German embassy here in Beijing and Your Europe Advice, and they've been giving me advice on getting a long term family reunion visa. But as I understand, this requires my husband to already be in Germany. is it correct for me to think that I should apply for a short term family of eu citizen visa as long as I'm traveling with my British husband?

I'm wondering if this visa works for applying for a 5 year resident permit once we're in Germany?

thanks in advance
maggie

we are preparing to get a Schengen visa now (for eu family member) however the German Embassy in Beijing requires documents such as an address and flight booking confirmation and a letter from my husband stating when we're going to leave the country and the purpose of our stay. we believe these aren't required under the EU directive. Do you think they can reject us if we don't supply these documents?

it would be greatly appreciated if someone could help! thanks!

When visa officers ask for documents, you telling them that you don't think you need to supply them is not going to get you a visa.
I mean, if you want, argue with them. If you don't want to go to Germany.

maggiec wrote: ↑

Tue Sep 08, 2020 6:48 am

we are preparing to get a Schengen visa now (for eu family member) however the German Embassy in Beijing requires documents such as an address and flight booking confirmation and a letter from my husband stating when we're going to leave the country and the purpose of our stay. we believe these aren't required under the EU directive. Do you think they can reject us if we don't supply these documents?

it would be greatly appreciated if someone could help! thanks!

Soon your husband won't be seen as an EU citizen in Germany. This means that immigration to Germany would be difficult for him then for you. So if you want to make that move, make it now.

If they ask for documents, just supply them just because the clock is ticking and you don't want your application to be suspended somewhere.

Zerubbabel wrote: ↑

Tue Sep 08, 2020 10:56 am

maggiec wrote: ↑

Tue Sep 08, 2020 6:48 am

we are preparing to get a Schengen visa now (for eu family member) however the German Embassy in Beijing requires documents such as an address and flight booking confirmation and a letter from my husband stating when we're going to leave the country and the purpose of our stay. we believe these aren't required under the EU directive. Do you think they can reject us if we don't supply these documents?

it would be greatly appreciated if someone could help! thanks!

Soon your husband won't be seen as an EU citizen in Germany. This means that immigration to Germany would be difficult for him then for you. So if you want to make that move, make it now.

If they ask for documents, just supply them just because the clock is ticking and you don't want your application to be suspended somewhere.

Granista wrote: ↑

Tue Sep 08, 2020 9:21 am

When visa officers ask for documents, you telling them that you don't think you need to supply them is not going to get you a visa.
I mean, if you want, argue with them. If you don't want to go to Germany.

Thanks for the advice! since we want to get residency should we put this as our purpose of getting the visa or just say we're travelling? because I feel like they could say this is not the visa I should get and then reject me for my intention of immigration.

Tell them the truth. If your real intention is to move to Germany permanently, say so. The EU spouse visa is the right one for that.

Granista wrote: ↑

Fri Sep 11, 2020 2:01 pm

Tell them the truth. If your real intention is to move to Germany permanently, say so. The EU spouse visa is the right one for that.

That's what I thought. but, on the embassy website, it literally says you cannot convert the visa to a residence permit. Should I still have my husband write that the purpose of stay is to settle in Germany? Thanks

maggiec wrote: ↑

Tue Sep 08, 2020 6:48 am

we are preparing to get a Schengen visa now (for eu family member) however the German Embassy in Beijing requires documents such as an address and flight booking confirmation and a letter from my husband stating when we're going to leave the country and the purpose of our stay. we believe these aren't required under the EU directive. Do you think they can reject us if we don't supply these documents?

it would be greatly appreciated if someone could help! thanks!

Have you actually spoken to German diplomatic staff at the Embassy's Consular section or only with local staff manning reception?

Applications under EU freedom of movement rules are probably extremely rare and often, local staff aren't aware of the rules.

When you fill in the form, there are many fields marked with an asterisk that need not completing if applying as a family member of an EU/EEA national. The risk of instisting that EU rules are applied is, that your application might not actually get to the Consular Section in time for you to move before end of the year.

The risk applying under German rules of family unification is, that it may take 12 weeks or longer to process and your spouse not being in Germany and working already may be problematic.

maggiec wrote: ↑

Mon Sep 14, 2020 10:13 am

Granista wrote: ↑

Fri Sep 11, 2020 2:01 pm

Tell them the truth. If your real intention is to move to Germany permanently, say so. The EU spouse visa is the right one for that.

That's what I thought. but, on the embassy website, it literally says you cannot convert the visa to a residence permit. Should I still have my husband write that the purpose of stay is to settle in Germany? Thanks

What does it say exactly? I'm guessing something along the lines of you cannot apply for residence permit if you arrive on a C visa? That is true for all other C visa's apart from an EUTR.