UK Citizen, US Wife, Moving to Germany (EEA Family Permit?)

[famico]

Hello,

I've read a lot of information online about our situation but have found either contradictory or out of date advice. Does anyone have any recent information?

*I am British
*My wife is American
*We plan on living in Germany

I have read about the 'EEA family permit' on a few forums. But it sounds to me that the EEA family permit is for EU citizens bringing a spouse into the UK, whereas we're going on the other direction.

What do we do?

[EUsmileWEallsmile]

Go to Germany and apply for a residence card there. No need for prior visa.

[famico]

Go to Germany and apply for a residence card there. No need for prior visa.

Thanks. I see you are the 'guru' around here, but is your advice from personal experience? We've got so much contradictory information - even a company that specialises in immigration (albeit, immigration to the UK) told us we need to get 'the German equivalent of the EEA family permit'.

Thanks for your help!

[EUsmileWEallsmile]

If you read the directive in its entirety, you will understand. Non-visa nationals do not require a visa. They should apply for an article 10 residence card within three months of moving to an EU state.

('guru' simply relates to the number of posts one makes)

[EUsmileWEallsmile]

We've got so much contradictory information - even a company that specialises in immigration (albeit, immigration to the UK) told us we need to get 'the German equivalent of the EEA family permit'

They should not offer advice if they don't know what they are talking about.

[famico]

We've got so much contradictory information - even a company that specialises in immigration (albeit, immigration to the UK) told us we need to get 'the German equivalent of the EEA family permit'

They should not offer advice if they don't know what they are talking about.

Thanks, that's reassuring. Yes, I've now read Article 10, I see what you mean. It does sound clear enough. I've also got a reply from another forum of a lady in an identical situation to us, and it sounded pretty easy.

One last question - we've kinda messed up and booked flights back to Germany with only a day left on her 90-day Schengen allowance. Will it be a problem for her to enter the country like this? I imagine we can show our marriage certificate to the border authorities and we'll be allowed in without a problem, is that right?

[ca.funke]

One last question - we've kinda messed up and booked flights back to Germany with only a day left on her 90-day Schengen allowance. Will it be a problem for her to enter the country like this? I imagine we can show our marriage certificate to the border authorities and we'll be allowed in without a problem, is that right?

You can most easily move to Germany.

Your wife´s right of residence is covered by 2004/38/EC, she has a right to stay with you. As an EU-citizen, you´re not subject to the 90 days limit, and your wife "inherits" the same rights from you. So the 90 days don´t apply to her, by virtue of yee being married.

She just needs this right certified in the form of a "residence-card of an EEA family member".

In practice I´d call the airport you want to fly to before you arrive, and point this out to them. This is to avoid confusion and delays on arrival.

You can then go to any "Ausländerbehörde" at your conveniece and apply for your residence. There´s a limit of (I seem to remember) 1 week according to German law to register your presence if you move in somewhere. (This applies to Germans as well... )

Rgds, Christian

[famico]

For future interested parties, I've found this useful page on the EU website: http://europa.eu/youreurope/citizens/re ... nts_en.htm

[Directive/2004/38/EC]

US citizens do not require a visa to enter Germany. You can just go and settle with your EU citizen spouse.