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Moving from England to Germany Non EEA Spouse

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Mavuto
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Moving from England to Germany Non EEA Spouse

Post by Mavuto » Mon Mar 06, 2017 3:09 pm

Hi,

we are currently living in the UK. I am German my wife is non EEA but has a residence card in the UK.
Can she move with me to Germany under EU Law and the rights of free movement?
Or does German National law apply where I have to get a job first etc.

Thank you for your help

Mavuto
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CR001
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Re: Moving from England to Germany Non EEA Spouse

Post by CR001 » Mon Mar 06, 2017 3:14 pm

Or does German National law apply where I have to get a job first etc.
This one. You will fall under the German nationality law and she will require the necessary visa.
Char (CR001 not Casa)
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Mavuto
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Re: Moving from England to Germany Non EEA Spouse

Post by Mavuto » Mon Mar 06, 2017 3:16 pm

Thank you for your response.

But she won't need a visa to travel to Germany as she has a residence permit in the UK. Is that correct?
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Casa
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Re: Moving from England to Germany Non EEA Spouse

Post by Casa » Mon Mar 06, 2017 3:27 pm

If you have been exercising your Treaty rights in the UK I believe you should be able to use the Surinder Singh route and enter under EU law.

https://eumovement.wordpress.com/2007/0 ... ional-law/
(Casa, not CR001)
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mgb
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Re: Moving from England to Germany Non EEA Spouse

Post by mgb » Mon Mar 06, 2017 6:37 pm

Mavuto wrote:
But she won't need a visa to travel to Germany as she has a residence permit in the UK. Is that correct?

I guess she got a residence card for a family member of EU citizen. In such a case she don't need a visa if she accompany you..
For the Surinder Singh route take a look at section 3.0.2 of the german Verwaltungsvorschrift zum Freizügigkeitsgesetz/EU.
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