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UK Citizen & Non-EEA Spouse - Moving to Germany

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AmeenNassir
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UK Citizen & Non-EEA Spouse - Moving to Germany

Post by AmeenNassir » Sat May 26, 2012 11:09 pm

Hi,

I'm a British Citizen and married to a Non-EEA wife currently living outside of the EU. I plan on moving to work and study in Germany

I would like to know what is the procedure for getting my wife permanent residence in Germany as the spouse of an EU Citizen?

Also, how good (or bad) are Germany at implementing the EU Freedom of Movement Directive or are there many ways they could reject her application?

Any help is appreciated.

EUsmileWEallsmile
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Re: UK Citizen & Non-EEA Spouse - Moving to Germany

Post by EUsmileWEallsmile » Sat May 26, 2012 11:53 pm

AmeenNassir wrote:H...getting my wife permanent residence in Germany as the spouse of an EU Citizen...
I've no direct experience of Germany, but in general, PR requires five years' legal residence.

AmeenNassir
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Re: UK Citizen & Non-EEA Spouse - Moving to Germany

Post by AmeenNassir » Sun May 27, 2012 12:03 am

EUsmileWEallsmile wrote:
AmeenNassir wrote:H...getting my wife permanent residence in Germany as the spouse of an EU Citizen...
I've no direct experience of Germany, but in general, PR requires five years' legal residence.
Thanks for your reply.

What I actually meant was a "Residence Card" so that she can work/study and enjoy her rights in Germany.

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Post by EUsmileWEallsmile » Sun May 27, 2012 12:08 am

In general, a residence card is for the family member of an EU citizen who is a worker, student or self-employed person. It's pretty straight-forward.

AmeenNassir
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Post by AmeenNassir » Sun May 27, 2012 12:30 am

Ok,

With regards to applying for her entry into Germany which visa should I apply for as the German Embassy in the country where I am currently resident has stated the following:

Short Stay
Long Stay (more than 90 days)
Residence Permit (saying it could take 1-3 months to process)

Which would be the most feasible solution as I will enter Germany with my spouse and I know that I will not work straight away although I am aware that if I apply for her residence within my first 3 months of entering then I do not need any proof of income etc.

Can you clarify this for me?

Thanks

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Post by EUsmileWEallsmile » Sun May 27, 2012 8:44 am

Short stay schengen visa (the very same one used for tourists).

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Re: UK Citizen & Non-EEA Spouse - Moving to Germany

Post by Directive/2004/38/EC » Sun May 27, 2012 10:48 am

AmeenNassir wrote:Also, how good (or bad) are Germany at implementing the EU Freedom of Movement Directive or are there many ways they could reject her application?
In general they are good at dealing with Residence Card applications. But...

I know of two situations recently where applicants in Munich were told that they needed to submit information about how much money they made and the living space available in their apartment. Neither of this information is EVER needed for your spousal application. In one of the cases asking to speak with the supervisor resolved the issue. Not sure if the other applicant pushed back or just provided the information.

Also the second Munich applicant had to make an appointment 6 weeks off to submit their application. Again, I would have pushed back and insisted that it be processed immediately, and you can do the same.

Where are you moving to in Germany? Munich is lovely, even if some of these form-processing-people are confused.

AmeenNassir
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Post by AmeenNassir » Fri Jun 01, 2012 4:54 am

Therefore from what I have gathered...

I apply form my wife's Tourist Visa and then when I arrive in Germany I apply for her residence permit without the need for proof of income, rental contract etc...?

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Post by Directive/2004/38/EC » Fri Jun 01, 2012 2:05 pm

For your wife to apply for an RC, you will need proof that you (EU citizen) are working, a student, or self sufficient.

AmeenNassir
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Post by AmeenNassir » Mon Jun 04, 2012 12:39 am

I plan on studying, therefore being a self-sufficient student.

What amount of funds is required to convince the authorities of issuing a Residence Card for my spouse?

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Post by Directive/2004/38/EC » Mon Jun 04, 2012 1:21 pm

If you are a student, I don't think there is any particular amount you need.

daleuk
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Re: UK Citizen & Non-EEA Spouse - Moving to Germany

Post by daleuk » Mon Feb 13, 2017 3:54 pm

Can someone point me in the direction of where to find drtials to the requirements for 'self-sufficient', when applying for a residence card for my non EEA spouse in Germany?

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Re: UK Citizen & Non-EEA Spouse - Moving to Germany

Post by Casa » Mon Feb 13, 2017 3:58 pm

daleuk wrote:Can someone point me in the direction of where to find drtials to the requirements for 'self-sufficient', when applying for a residence card for my non EEA spouse in Germany?
You've tagged your question on the end of a 4 year old dormant thread and Directive/2004/38/EC hasn't visited the forum for almost a year.

You're more likely to get a response if you continue in your original thread.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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