Moving together to EU

[InfoFlo]

Hello to everyone

First I would like to congratulate all of you that contribute to this wonderful website with many helpful posts.

Don’t know if my post is in the correct section and I apologize in advance if I have placed it in wrong section. Anyhow, here is my case:

I am a British Citizen, married to non EU citizen since 2007 currently living and working in Balkans. We have 2 children who are both British citizens.
As my contract expires in June 2017 we were planning of moving to Germany but we have one problem, she can’t travel with us as she is not an EU member citizen.
Question is: what are we supposed to do to move all together to Germany:
1. Do I need to find a job, and of course accommodation, and then apply for some kind of visa
2. Is there a limit to how much I have to earn so I can guarantee for her visa
And if there is something else please advise.

Thank you

[ALKB]

Hello to everyone

First I would like to congratulate all of you that contribute to this wonderful website with many helpful posts.

Don’t know if my post is in the correct section and I apologize in advance if I have placed it in wrong section. Anyhow, here is my case:

I am a British Citizen, married to non EU citizen since 2007 currently living and working in Balkans. We have 2 children who are both British citizens.
As my contract expires in June 2017 we were planning of moving to Germany but we have one problem, she can’t travel with us as she is not an EU member citizen.
Question is: what are we supposed to do to move all together to Germany:
1. Do I need to find a job, and of course accommodation, and then apply for some kind of visa
2. Is there a limit to how much I have to earn so I can guarantee for her visa
And if there is something else please advise.

Thank you

If she needs a visa to travel to the Schengen area, then she should get a short term Schengen visa to accompany her EEA spouse.

In order for all of you to stay beyond 90 days, you as the EEA national need to exercise treaty rights: employment, self-employment, studying full time.

There is no set amount you need to earn but employment needs to be genuine and effective = 2 hours dishwashing at a restaurant per week will not be effective for a household of 4.

You also need to register your residence with the local authorities as everybody is required.

[InfoFlo]

Thank you ALKB for a prompt reply, I appreciate it.

So basically,
first a proper job (for sure it will be above German minimum wage 8. 84 Euro) and a proper accommodation; then
send her an invitation so she can get her Schengen visa;
register my residence in with the local authorities; and
she applies for her residence card after Schengen visa expiry
living happily ever after

Anything else I'm missing / I need to add?

Best
F

[ALKB]

Thank you ALKB for a prompt reply, I appreciate it.

So basically,
first a proper job (for sure it will be above German minimum wage 8. 84 Euro) and a proper accommodation; then
send her an invitation so she can get her Schengen visa;
register my residence in with the local authorities; and
she applies for her residence card after Schengen visa expiry
living happily ever after

Anything else I'm missing / I need to add?

Best
F

Depends on how you want to do it. She can move with you right away and accompany you while you are jobseeking.

All of you need to register within 90 days of arrival (up to 90 days you can stay as 'tourists').

All of you need German health insurance from the date of arrival - most easily obtained through employment, else it will be horribly expensive. Dependent children and spouses without own income are insured for free.

After you register, you will automatically receive a tax ID number similar to NIN.

What are your plans for accommodation? You can register with a long term holiday let or even staying with friends. Best would be a self contained flat for the sole use of your family.

While your wife can apply for an EEA residence card (Aufenthaltskarte) before you have found a job, such an application is unlikely to be granted swiftly and the authorities may just set it aside until 90 days since your arrival have passed and then ask for evidence of you exercising treaty rights.

The easiest way to get the 5 year residence card is to be able to supply a work contract, at least one salary slip, a corresponding bank statement and a letter from your employer confirming ongoing employment. I know of several cases in which an RC was granted on the spot in such a case. I also know several cases in which applications were dragged out for up to 6 months (maximum processing time for RC) and then refused because the EEA spouse was not exercising treaty rights.

[mgb]

The citizen of several balkan states get visa free entry into the schengen area. Depending on the citizenship there is no visa needed.
EU citizen and family member get 3 month unconditional stay. There is no health insurance needed. Jobseeker get 6 month.

[ALKB]

The citizen of several balkan states get visa free entry into the schengen area. Depending on the citizenship there is no visa needed.
EU citizen and family member get 3 month unconditional stay. There is no health insurance needed. Jobseeker get 6 month.

German domestic law requires all residents (including EU nationals) to have health insurance and any insurance provider will bill from the date on the registration certificate. Besides, getting ill without insurance in Germany is an expensive thing to experience.

As the OP has not stated his spouse's nationality I said IF she is a visa national.

[mgb]

EU law has priority. It doesn't matter was german national law is saying.
It is advisable to have a health insurance but is not a necessary precondition for the first 3 month.

[InfoFlo]

Cant thank you all enough for so many explanations. I really appreciate it. Sorry I did not reply on your posts earlier but I was away busy.

Now, all I have to do is get that work contract signed to set the ball rolling.

BTW, if British PM triggers the article 50, as promised by 30 March 2017, what would then be the chances of our move to Germany???

And to answer your question, my spouse requires visa to enter Schengen zone, she is a Kosovo national.