Move to Germany

[sanctuas69]

Hi there, I hope someone can help me with this one. My daughter and I have dual nationality British / German but my partner does not, she is Mexican with indefinite leave to remain in UK. Now we are planning to move to Germany but I don't know what she needs to do to live and work there. I've checked everywhere and no one seems to be able to give a clear answer. We are not currently married but we are thinking of getting married. I wonder if that would make a difference. I'd be very grateful for any advice. Many thanks, Stefan

[noajthan]

2 ideas - I don't know if they will work.
Check on any German domestic law relating to recognition of unmarried partners.

Then...
1) Check if Germany permits Germans who are dual nationals to exercise treaty rights in Germany (with thir unmaried partner). Eg can you exercise treaty rights in Germany with your UK (bowler) hat on?

Note This would not work in UK but domestic law may be different in Germany.

2) Where are you now? Another EU country? Still in UK?
If so, then you may be able to return to Germany and claim that as Germans abroad you have taken Surinder Singh route via a.n.other EU memberstate.

There is a complication as Brits are not considered by UK to be EEA citizens in this context.
It may work if Germany sees it differently as it is the combination of EU and German law that matters for you (not the conflict of EU and UK law).

If either of the above are applicable then EU treaty rights kick in and partner will have right to remain/reside in Germany with you.

Otherwise its German domestic route for partner.

Child is sorted as German anyway.

[CR001]

Hi there, I hope someone can help me with this one. My daughter and I have dual nationality British / German but my partner does not, she is Mexican with indefinite leave to remain in UK. Now we are planning to move to Germany but I don't know what she needs to do to live and work there. I've checked everywhere and no one seems to be able to give a clear answer. We are not currently married but we are thinking of getting married. I wonder if that would make a difference. I'd be very grateful for any advice. Many thanks, Stefan

Are you aware that ILR is lost after two years absence from the UK? Short visits do not maintain the ILR status.

Why doesn't your wife apply for British citizenship first?

[Wanderer]

Back in 2006 we tried EEA to Germany as UK unmarrieds, no dice because there is no provision for that (at that time) in German domestic law and was explained to me at the time, the EU directives cannot be applied where it puts local citizens at a disavantage, no unmarried partner visa for local Germans, so none for EEA citizens...

[noajthan]

Back in 2006 we tried EEA to Germany as UK unmarrieds, no dice because there is no provision for that (at that time) in German domestic law and was explained to me at the time, the EU directives cannot be applied where it puts local citizens at a disavantage, no unmarried partner visa for local Germans, so none for EEA citizens...

Ah. Well that puts put the kybosh on the free movement approach even if the dual citizenship was not another showstopper.

[sanctuas69]

Thanks for the replies. Sounds like it will be a bit complicated unless we're married. Getting married will allow us to make a simple family reunion VISA application apparently.

[CR001]

It will be even easier if she is a British citizen (and no risk of losing her right to remain status in the UK).

Is she reluctant to apply for British citizenship or does she not qualify for some reason?

[sanctuas69]

It will be even easier if she is a British citizen (and no risk of losing her right to remain status in the UK).

Is she reluctant to apply for British citizenship or does she not qualify for some reason?

Yeah you're right. She's not reluctant but apparently there is an extortionate cost, like a grand or something!

[CR001]

It will be even easier if she is a British citizen (and no risk of losing her right to remain status in the UK).

Is she reluctant to apply for British citizenship or does she not qualify for some reason?

Yeah you're right. She's not reluctant but apparently there is an extortionate cost, like a grand or something!

£1,236 and goes up every March/April. It really is worth it in the end and no chance of losing the right to return to the UK in the future.

[noajthan]

£1,236 and goes up every March/April. It really is worth it in the end and no chance of losing the right to return to the UK in the future.

+1

Its true, a A Grand Don't Come for Free but you can then get a cool passport and the full backing of Her Majesty.

[ALKB]

It will be even easier if she is a British citizen (and no risk of losing her right to remain status in the UK).

Is she reluctant to apply for British citizenship or does she not qualify for some reason?

Yeah you're right. She's not reluctant but apparently there is an extortionate cost, like a grand or something!

£1,236 and goes up every March/April. It really is worth it in the end and no chance of losing the right to return to the UK in the future.

+1

It really is worth it.

There is indeed no unmarried partner visa for Germany, so you would have to get married before the move.

Also, remember that even though German spouse visas are comparatively cheap and easy to get, your wife will still have to show an A1 certificate from Goethe Institute when applying for the family reunion visa and, unless the caseworker can be persuaded to waive it due to a university degree that is equivalent to a German university degree, your wife will have to complete 660 hours of an integration course (German language and culture). Lost income due to inability to work during this time may well surpass the £1236 naturalisation fee.

On a positive note, as the wife of a German national, she can apply for German naturalisation after three years if she satisfies the language requirement by then and the fee for that is currently a bit over €500. She would have to give up her Mexican citizenship for that, though, so maybe not so positive after all.

Personally, I would definitely naturalise as British before the move.

[Wanderer]

Yeah you're right. She's not reluctant but apparently there is an extortionate cost, like a grand or something!

£1,236 and goes up every March/April. It really is worth it in the end and no chance of losing the right to return to the UK in the future.

+1

It really is worth it.

There is indeed no unmarried partner visa for Germany, so you would have to get married before the move.

Also, remember that even though German spouse visas are comparatively cheap and easy to get, your wife will still have to show an A1 certificate from Goethe Institute when applying for the family reunion visa and, unless the caseworker can be persuaded to waive it due to a university degree that is equivalent to a German university degree, your wife will have to complete 660 hours of an integration course (German language and culture). Lost income due to inability to work during this time may well surpass the £1236 naturalisation fee.

On a positive note, as the wife of a German national, she can apply for German naturalisation after three years if she satisfies the language requirement by then and the fee for that is currently a bit over €500. She would have to give up her Mexican citizenship for that, though, so maybe not so positive after all.

Personally, I would definitely naturalise as British before the move.

Blimey, it's only 250 hours here in Denmark to be completed inside 18 months! As I'm EU I don't need to do it (for now, Brexit might bite me!) but I'm doing it anyway, its common decency to learn the local lingo, it's free and it's a chance to meet desparate, lonely foreign women, I mean it's just something to do I mean, honest.

[sanctuas69]

Yeah you're right. She's not reluctant but apparently there is an extortionate cost, like a grand or something![/quote]
£1,236 and goes up every March/April. It really is worth it in the end and no chance of losing the right to return to the UK in the future.[/quote]

+1

It really is worth it.

There is indeed no unmarried partner visa for Germany, so you would have to get married before the move.

Also, remember that even though German spouse visas are comparatively cheap and easy to get, your wife will still have to show an A1 certificate from Goethe Institute when applying for the family reunion visa and, unless the caseworker can be persuaded to waive it due to a university degree that is equivalent to a German university degree, your wife will have to complete 660 hours of an integration course (German language and culture). Lost income due to inability to work during this time may well surpass the £1236 naturalisation fee.

On a positive note, as the wife of a German national, she can apply for German naturalisation after three years if she satisfies the language requirement by then and the fee for that is currently a bit over €500. She would have to give up her Mexican citizenship for that, though, so maybe not so positive after all.

Personally, I would definitely naturalise as British before the move.[/quote]

Thanks for that advice. We might get the UK passport then. So basically you don't need any Visa for Germany if you have a British passport right? Obviously you need to apply for residency when you get there but that applies to Germans too apparently.

[CR001]

Thanks for that advice. We might get the UK passport then. So basically you don't need any Visa for Germany if you have a British passport right? Obviously you need to apply for residency when you get there but that applies to Germans too apparently.

No need for any visa as a British Citizen, just jump on a plane and go.

[ALKB]

Thanks for that advice. We might get the UK passport then. So basically you don't need any Visa for Germany if you have a British passport right? Obviously you need to apply for residency when you get there but that applies to Germans too apparently.

No visa or work permit needed (at least until Brexit and who knows what will be required then).

You don't 'apply' for residency, you simply register your residence = inform the local municipality. In turn you get an Anmeldebescheinigung - an important document, as it serves as proof of address. Any resident over 16 who does not have a German ID card should carry a copy of this. If you do not have a German ID card, yet, you need to apply for one once you have moved to Germany.

If you have not lived in Germany before, you will be automatically allocated a tax ID number (similar to NI number in UK); this will be sent to your registered address within two weeks or so.

If you move, you need to inform the local authority about your new address within a certain time frame, usually within 7 and 14 days.