Exercising treaty rights

Hello. I'm British and my Indian husband was refused a spouse visa (for a stupid reason!). After battling for over two years we gave up on that! My husband returned to India voluntarily and has got a 15 day Schengen visa. He is flying to Germany on 5th may, I will join him on 6 th may. The plan is to exercise my treaty rights.

Where I'm confused is this.. How exactly do I exercise my treaty rights? Once we're together should we say hop over the border somewhere and re-enter Germany together ?? (That's where we plan to settle). If so, who do we announce our arrival to? He can legally enter for 15 days in his tourist visa so will they just refuse to issue any kind of other visa at the border? I'll have our marriage certificate with me.

If that's not the way, can anyone tell me what is? I think I was initially clear on what we should do but having this very temporary visa has confused me! Any help would be very much appreciated.

Thank you

stormystar wrote:Hello. I'm British and my Indian husband was refused a spouse visa (for a stupid reason!). After battling for over two years we gave up on that! My husband returned to India voluntarily and has got a 15 day Schengen visa. He is flying to Germany on 5th may, I will join him on 6 th may. The plan is to exercise my treaty rights.

Where I'm confused is this.. How exactly do I exercise my treaty rights? Once we're together should we say hop over the border somewhere and re-enter Germany together ?? (That's where we plan to settle). If so, who do we announce our arrival to? He can legally enter for 15 days in his tourist visa so will they just refuse to issue any kind of other visa at the border? I'll have our marriage certificate with me.

If that's not the way, can anyone tell me what is? I think I was initially clear on what we should do but having this very temporary visa has confused me! Any help would be very much appreciated.

Thank you

What is the purpose of exercising your treaty rights in Germany?

We haven't yet fully decided if we'll try and come back to the uk later or stay in Germany or go somewhere else. For now we just want to get in and for my husband to get a residence card/permit, and to be legal! Any other decisions are for further down the road. So really we just want to know how to do what we need to in that 15 days. I will saying that I'm going to be looking for work in Germany.

stormystar wrote:We haven't yet fully decided if we'll try and come back to the uk later or stay in Germany or go somewhere else. For now we just want to get in and for my husband to get a residence card/permit, and to be legal! Any other decisions are for further down the road. So really we just want to know how to do what we need to in that 15 days. I will saying that I'm going to be looking for work in Germany.

Based on other members' posts about Germany its not quite as straightforward as parachuting in and making it up as you go along.
Suggest you use the Board's 'advanced search' feature (at top of page) and read through some recent posts in EEA sub-forum on this vital matter.

Here's one to start with:
http://www.immigrationboards.com/europe ... 07570.html

Ok I take that on board but can anyone answer my original question please. We just want to know what to do at point of arrival.

stormystar wrote:Ok I take that on board but can anyone answer my original question please. We just want to know what to do at point of arrival.

Does he have a tourist visa or a Schengen visa issued under EU rules as spouse of an EEA national? 15 days sounds more like a tourist visa.

You will have to register your residence in Germany with the local municipality (Meldeamt) this can be incorporated into the local town hall or be located at an independent location.

Then you need to apply for his residence card at the local Ausländerbehörde (alien department) again in a smaller town this might be at the town hall or in a bigger city somewhere else entirely.

While you can do this as a jobseeker (I am not sure, but you might have to register with the local JobCenter for this first), don't expect to actually get the card issued until 90 days have passed and you have provided them with proof of health insurance and exercising treaty rights = working. Your husband will receive a document at the time of application that confirms his right to stay until his ongoing application for residence permit has been decided.

You sound a bit rushed.

How good is your German and do you have a place to stay lined up?

EDIT: Also, is your marriage certificate already translated into German? If not, you'll have to allow time for that - all in all, 15 days seem to be cutting it a bit close.

stormystar wrote:Ok I take that on board but can anyone answer my original question please. We just want to know what to do at point of arrival.

You don't need to do a border run just to effect an entry into the country together.

Have you searched out the other very specific and detailed German-related posts yet? - as suggested.

Same scenario here. Me and my British wife have been here in Germany for almost a month and half. I was given a Family Member of an EU citizen visa. On arrival in Germany we had to find a place(which took about 2 weeks).After we got the rental agreement, we went to the Stadamt for Registration.

Once the registration is done,you can apply for a residence card. So, I went to the local Auslanderbehorde to enquire about the process. After waiting for about 2 hours they booked an appointment for me for next month. All they need for the card to be issued are the following documents:

1.Registration in Germany
2.Marriage Certificate
3.Work Contract/Payslips for EU citizen. That's All!!

Our initial plan was to return to the UK under SS but if things are fine here, we might just end up being here permanently. It's a nice place to settle if you can learn the language and have a decent job.

logical_1 wrote:Same scenario here. Me and my British wife have been here in Germany for almost a month and half. I was given a Family Member of an EU citizen visa. On arrival in Germany we had to find a place(which took about 2 weeks).After we got the rental agreement, we went to the Stadamt for Registration.

Once the registration is done,you can apply for a residence card. So, I went to the local Auslanderbehorde to enquire about the process. After waiting for about 2 hours they booked an appointment for me for next month. All they need for the card to be issued are the following documents:

1.Registration in Germany
2.Marriage Certificate
3.Work Contract/Payslips for EU citizen. That's All!!

Our initial plan was to return to the UK under SS but if things are fine here, we might just end up being here permanently. It's a nice place to settle if you can learn the language and have a decent job.

How long does the visa allow you to stay in Germany initially?

Ok my husband has a tourist visa and that's the issue. We don't know how we "convert" that into what it needs to be. We do have quite significant savings (and proof thereof) if the issue is supporting ourselves?

Does your wife have a job in Germany? I'm self employed so in theory could register a German business but that does seem complicated in all honesty.

stormystar wrote:Ok my husband has a tourist visa and that's the issue. We don't know how we "convert" that into what it needs to be. We do have quite significant savings (and proof thereof) if the issue is supporting ourselves?

Does your wife have a job in Germany? I'm self employed so in theory could register a German business but that does seem complicated in all honesty.

Did he disclose he has a british wife when he made the visa application?

stormystar wrote:Ok I take that on board but can anyone answer my original question please. We just want to know what to do at point of arrival.

You also need to factor in the numerous public holidays in May:

5th May is a holiday in all of Germany

16th May is a holiday in all of Germany

26th May is a holiday in some areas

Local authorities, shops and businesses in general will be closed on these dates.

member wrote:

stormystar wrote:Ok my husband has a tourist visa and that's the issue. We don't know how we "convert" that into what it needs to be. We do have quite significant savings (and proof thereof) if the issue is supporting ourselves?

Does your wife have a job in Germany? I'm self employed so in theory could register a German business but that does seem complicated in all honesty.

Did he disclose he has a british wife when he made the visa application?

I don't think he was asked that question.

stormystar wrote:Ok my husband has a tourist visa and that's the issue. We don't know how we "convert" that into what it needs to be. We do have quite significant savings (and proof thereof) if the issue is supporting ourselves?

Does your wife have a job in Germany? I'm self employed so in theory could register a German business but that does seem complicated in all honesty.

For switching to residence card, see my earlier post.

If you want to apply as self-suffcient, how significant are your savings?

5 x the annual minimum subsistence level (residence card is valid for five years)?

Also, self-sufficiency will not qualify you for a return to the UK under Surinder Singh rules.

Do you speak German? If not, starting a business in Germany will be a major challenge.

member wrote:

logical_1 wrote:Same scenario here. Me and my British wife have been here in Germany for almost a month and half. I was given a Family Member of an EU citizen visa. On arrival in Germany we had to find a place(which took about 2 weeks).After we got the rental agreement, we went to the Stadamt for Registration.

Once the registration is done,you can apply for a residence card. So, I went to the local Auslanderbehorde to enquire about the process. After waiting for about 2 hours they booked an appointment for me for next month. All they need for the card to be issued are the following documents:

1.Registration in Germany
2.Marriage Certificate
3.Work Contract/Payslips for EU citizen. That's All!!

Our initial plan was to return to the UK under SS but if things are fine here, we might just end up being here permanently. It's a nice place to settle if you can learn the language and have a decent job.

How long does the visa allow you to stay in Germany initially?

90 Days= As that's what I requested at the time of application.

Do you have any relatives in Germany who could help you in the beginning?
Also remember that most of the flats in Germany come empty, so you have to buy everything from Spam to beds,sofas and what not. So, I would say that make sure you have enough savings to get started.
Not sure where you will be moving to in Germany, but if you need any help please feel free to pm.

stormystar wrote:

member wrote:

stormystar wrote:Ok my husband has a tourist visa and that's the issue. We don't know how we "convert" that into what it needs to be. We do have quite significant savings (and proof thereof) if the issue is supporting ourselves?

Does your wife have a job in Germany? I'm self employed so in theory could register a German business but that does seem complicated in all honesty.

Did he disclose he has a british wife when he made the visa application?

I don't think he was asked that question.

The visa application form asks for details of EEA national family members.

Honestly it is very rushed because we don't know what's going fi happen in the EU referendum in June. We'd exhausted all possible options in the UK and decided we had to take our chances in the EU and therefore had to do it quickly just in case.

stormystar wrote:Honestly it is very rushed because we don't know what's going fi happen in the EU referendum in June. We'd exhausted all possible options in the UK and decided we had to take our chances in the EU and therefore had to do it quickly just in case.

Exactly the same reason why we are in Germany.

logical_1 wrote:

member wrote:

logical_1 wrote:Same scenario here. Me and my British wife have been here in Germany for almost a month and half. I was given a Family Member of an EU citizen visa. On arrival in Germany we had to find a place(which took about 2 weeks).After we got the rental agreement, we went to the Stadamt for Registration.

Once the registration is done,you can apply for a residence card. So, I went to the local Auslanderbehorde to enquire about the process. After waiting for about 2 hours they booked an appointment for me for next month. All they need for the card to be issued are the following documents:

1.Registration in Germany
2.Marriage Certificate
3.Work Contract/Payslips for EU citizen. That's All!!

Our initial plan was to return to the UK under SS but if things are fine here, we might just end up being here permanently. It's a nice place to settle if you can learn the language and have a decent job.

How long does the visa allow you to stay in Germany initially?

90 Days= As that's what I requested at the time of application.

Do you have any relatives in Germany who could help you in the beginning?
Also remember that most of the flats in Germany come empty, so you have to buy everything from Spam to beds,sofas and what not. So, I would say that make sure you have enough savings to get started.
Not sure where you will be moving to in Germany, but if you need any help please feel free to pm.

We fell down that hole (nearly) Think also it was 3 months rent up front, deposit AND 2.75 months rent to rental agent as the tenant pays this fee in Germany, not the Landlord....

Wanderer wrote:
We fell down that hole (nearly) Think also it was 3 months rent up front, deposit AND 2.75 months rent to rental agent as the tenant pays this fee in Germany, not the Landlord....

Standard is: One month rent upfront, Deposit of three months rent

Best to avoid agents, look for "Provisionsfrei".

If the OP is not sure yet just how long they want to stay, they might want to sublet something at first.