EU Spouse Germany Residence

[amys]

I am a British Citizen currently residing in the Middle East with my non-EU spouse. We plan to move to Germany to continue our education.


I understand that to do that we would have to apply for her to get a standard visitors visa and then later apply for a residence permit. However, I do have a few questions that I would very much appreciate if someone could help us with:


1- As the spouse of an EU citizen what rights does my wife have in applying for the visa? More specifically:

a) Does the embassy have to adhere to any specific time limits in processing her visa? Or do we have to wait the standard waiting time?
b) Are there any requirements that we have to fulfill and prove to the embassy i.e Insurance, proof of available accommodation, proof of funds?
c) Are we required to pay the standard processing fee for the visa?
d) Could the embassy reject the visa application? If so, on what grounds? Does her being a Syrian citizen apply?


2- After, God-willing, we arrive in Germany and one or both of us gets a job, and/or we start studying, How do we go about applying?

a) Do I apply for a Permanent Residency first? Or do we apply together? And what are the strongest grounds on which to build our application?
b) How long will it take to process my PR and how long for my wife's? And are there any specific time limits that they must adhered to with regards to time?
c) Could one or both of our applications for PR be rejected? If so, on what grounds?
d) Are we entitled to any German courses? If so, until what level? And were can I find extra information?


3- After, God-willing, we receive PR, what our our rights? And:

a) Do they differ, as EU and non-EU PR?
b) Will we both have to reapply for PR every 5 years? And could we apply for German Nationalization? If so what are the terms required?


4- Last but not least, is there a link for the EU law on these matters that I can refer too and use if things don't go as smoothly as hoped for?


A lot of questions I know; I'd be really grateful for some help, thank you very much.

[sum1]

You may want to read up on the Directive 2004/38/EC which has EEA wide relevance and its German implementation the 'Freizügigkeitsgesetz/EU'. But as each member state and their authorities have their very own interpretation of the rules you may want to consult a German specific forum like info4alien (that's just one I happen to know).

Entrance visa, most probably a Schengen Visa C, should be issued to your spouse free of charge and on an accelerated procedure. You should only need proper ID/passport and a marriage certificate. Whether the embassy responsible for you will give it to you so easily is another question. A visa can always be refused although EEA laws limit possible reasons: public health/policy/security and any form of fraud or deception (including a marriage of convenience).

To be eligible for the EEA route in Germany you have to exercise Treaty rights (be 'freizügigkeitsberechtigt') which means that you, the EEA national, are able to support your family and do not become an 'unreasonable burden on the state', typically through work or self-employment. If you study you would need other means of financial support. What you would be applying for is 'Aufenthaltskarte' (Residence Card for the non EEA national) and 'Freizügigkeitsbescheinigung' (Registration Certificate). PR is something you can have only confirmed after normally 5 years. There may be specifics depending on the German state you intend to live in.

Processing times should be immediately for EEA and up to six months for non EEA. I believe the Registration Certificate is required before the Residence Card will be issued. This obvioulsy means that you will have to exercise Treaty rights at the time of application. The reasons for rejections are the same as above plus the requirement to exercise Treaty rights. The EEA national essentially has the same rights as the EEA/a German national but that may not always work in practice even if proper documentation is available (EEA rights derive from the family relationship alone thus documentation is not a requirement but obviously necessary for practical reasons).

[EUsmileWEallsmile]

For the visa, you could read this.

http://ec.europa.eu/home-affairs/polici ... 620_en.pdf

[Directive/2004/38/EC]

Visa requirements are very simple. For your particular case, the following applies: http://eumovement.wordpress.com/2007/04 ... u-citizen/

Once you and your wife arrive for your studies, you can apply directly for a Residence Card. It is issued immediately, but the card take 4-6 weeks to be printed.