Dependant - Family Reunion please help..

[leginj]

Hi,

I've found this forum very helpful... Hope someone can throw light on a rather confusing situation....

I am a British Citizen/EU National working in Luxembourg (1 yr contract) and have a German address (place of stay).. Have rented a place in Germany (border) and commute(30 mins) to work in Luxembourg.

My wife is an Indian National living in India, and she needs to apply for visa to join me for the first time.. (Trust me, its not arranged.. )

I'm afraid its going to be a few questions.. pls. correct if I'm wrong..

1) Which embassy should I apply for my Visa? Germany, Luxembourg or UK?

- My assumption is I've to apply in Germany ?? because its my place of stay?

2) Visa type I need to apply? Will she be allowed to work?

Many thanks for taking your time reading through my post.. If you know any information that will help .. I'll be very thankful...

Many Thanks,
Legin Jones

[Plum70]

She'd need to apply at the embassy of your country of residence. If Germany, then go their website to read up on the details.

Type of visa: Schengen residence permit.

[ca.funke]

...I am a British Citizen ... and have a German address...
...My wife is an Indian National living in India...
...Will she be allowed to work?...

If she manages to physically get to you somehow, she does not need a visa whatsoever.

Article 3 (of >>Directive 2004/38/EC<<)

Beneficiaries

1. This Directive shall apply to all Union citizens who move
   to or reside in a Member State other than that of which they
   are a national, and to their family members as defined in point
   2 of Article 2 who accompany or join them.

You "reside" in Germany, you are not German but British, thus 2004/38/EC applies.

Article 5

Right of entry

1. ...
2. Family members who are not nationals of a Member State
   shall only be required to have an entry visa in accordance with
   Regulation (EC) No 539/2001 or, where appropriate, with
   national law. For the purposes of this Directive, possession of
   the valid residence card referred to in Article 10 shall exempt
   such family members from the visa requirement.
   Member States shall grant such persons every facility to obtain
   the necessary visas. Such visas shall be issued free of charge as
   soon as possible and on the basis of an accelerated procedure.
3. ...
4. Where a Union citizen, or a family member who is not a
   national of a Member State, does not have the necessary travel
   documents or, if required, the necessary visas, the Member
   State concerned shall, before turning them back, give such
   persons every reasonable opportunity to obtain the necessary
   documents or have them brought to them within a reasonable
   period of time or to corroborate or prove by other means that
   they are covered by the right of free movement and residence.

Thus, if you apply for a visa it must be free, but legally you do not even have to apply.

Article 7 then covers your wife's "Right of residence for more than three months".

NB: In real life I guess she must apply for a visa with the German embassy, as otherwise it will be impossible for her to board the plain in India.

The question about work is interesting, as I have no idea how this works with cross-border-commuting. As my parents live 500 metres from the German/Belgian border I'd actually be interested to know about that...