Germany Residence for Brazilian Partner of GBR National

[elgroomio]

Dear All,

I would like to explore the options regarding getting a residence permit for my girlfriend (Brazilian) here in Bonn. Some information:

- I am a British citizen and my girlfriend is a Brazilian. We have been living together for around 18 months (Nov 2015), mostly in Rio.
- I have recently moved to Germany to work in Bonn. My girlfriend has came with me as a tourist initially.
- Ideally we would find her employment but obviously that is difficult.
- She is an artist and tattoo artist. We have been looking into options regarding the freelance visa (but require more concrete information). Would this be an option?
- We are aware that as a tourist she can only stay for 90 days out of 180. Is there any way to extend this?
- In Brazil we have the 'Uniao estavel' - stable union. Similar to a civil union.
- We would rather wait to get married until we can afford to do it properly.
- In the UK we almost qualify for the 'Unmarried Partner Visa'. Is there an equivalent in EU? EU Family Visa? I have read some anecdotal evidence that this may be possible.
- We have both names on our lease here in Germany.
- We have set up a joint account.
- I am working.
- I am going to see if I can get her on my TK insurance (she currently has travel insurance).

On a side note:
- Her father was German but died before she was born. He is not on her birth certificate.
- We have established contact with her father's family. Is there a way we could legalise this and apply for citizenship? She is 29 and I read that this may not be possible.

If you can provide any information at all I will be very grateful. I know the situation is a little complicated!

Best wishes,
elgroomio

[Wanderer]

Germany does not allow entry as an unmarried partner under EU rules as it does not allow it under local rules either. EU laws are not supposed to put local laws at a disadvantage.

So that one is a no-no for sure, not sure of the other options.

[gokulatti]

Germany does not recognize "unmarried partnership" therefore your girlfriend cannot be considered as other beneficiary even if you did live together in Brasil and/or Germany. You cannot even do a registered partnership with you girlfriend since Germany allows partnership of same sex couples only. Therefore from the looks of it you are down to two options 1. get married (I do understand your ideal) 2. follow up on her ancestry (could be a long long process). I sincerely hope you get the strength and courage for this long battle. When there is will there is a way!

Just an idea from the top of my head, what you think of Netherlands?, maybe you get find some positions in Netherlands? here they recognize your girlfriend as a family member, just need to prove 6 month cohabitation. Maybe consider, living in Netherlands as self sufficient person and travelling to bonn for work in the morning and returning in the evening. It might seem really tedious but just some suggestions from the top of my head.

[mgb]

A third option could be to apply via national german law for a residence permit.
There is a contract between Brasil and Germany in place which allow brasilian citizen to apply during their 90 days from inside of Germany.
Maybe for a 1 year language course or a internship or such things.

[mgb]

You could also ask the Ausländerbehörde how they interpret Verwaltungsvorschrift 4.1.3.1.2 about the time a brasilian can stay visafree in Germany due to the contract between Brasil and Germany.

[elgroomio]

Thank you all for your replies so far and suggestions. Some interesting ideas and information for me to look in to. Good to know about Netherlands' stance on things too..

I think our most likely route will be the freelance visa for at least an extension to her tourist visa during the application process. I am hopeful that eventually we can find her employment but obviously want to limit the time apart before that happens.

If anybody else has any other information or experience I will be greatly interested. Thanks.