Family permit in Germany

[Fazlan]

Hello Dear Sir / Madam,

I am indian national , in a civil partnership with Irish national. I got civil partnership on 2012 and I applied few times EEA family member and I got my resident card on July 2016. Me and my partner planned to move Germany and my partner went to Germany on last november to find a job and accommodation so we can move. Meanwhile I went to holiday. When I came back from holiday border agency stop me and said they revoke my visa because of my partner treaty rights.

Than they tried to deport me and I claimed the asylum at the airport and they released back to UK.

thereafter I lodged the appeal in the court regarding about EEA resident card. I still waiting for hearing date.

My partner got job and accommodation in Germany now. He need to move asap.

I need to find out what I can do now?

My partner wants to apply family permit in Germany but Home office got my pasdport and residence card.

please guide us in right path to sort it out this frustration situation.

Thank you.

[Caravel88]

Option 1:

Get a temporary travel doc from Indian embassy, travel to India, get a new passport OR contact the British embassy to return your old passport (and forgo your asylum claim).

Then apply for German EEA thing with German embassy with your new OR returned passport

Option 2:

Contact HO for voluntary departure. Get your passport. Go to India. Apply for German thing.

[Fazlan]

thank you very much. if i get my passport volunteer departure, can i fly to Germany with my partner? if i arrived in germany with my partner are they allow me to germany? thank you in advance

[Caravel88]

Everyone's shared experience here shows that no, you won't be allowed to board a plane to somewhere without having entry clearance. In your case that would mean a visa. So you can not do voluntary return and go to Germany.

However, you can fly out back to India and immediately apply for a schengen visa from there.
You need just a few documents proving relationship and intent to travel together.
That's it. Honestly.
And it's free of charge. And they have to process it in priority (and respond within 2 weeks max).

This is called "Freedom of movement visa". Basically as a partner you have the right to travel together.
I couldn't find it for Germany but here is the link for Netherlands (in India):

http://www.vfsglobal.com/netherlands/in ... ation.html

Book a ticket to India alone or with your partner. Collect your passport and fly out. Since it's voluntary, UK won't place any bans or anything AFAIK.

I would suggest that you have your partner (EU citizen) contact the embassy like a week or so in advance and say something like "My partner and I will be in India for a couple weeks visiting. We will be travelling together to Germany (or Netherlands) from xx/yy/20.. for X weeks. Here is a copy of my travel ticket. Besides our relationship document showing we are going together, is there something else you need?"

If you tell them that you are moving to an EU country for good, they will ask for more stuff, such as proof that the EU national is already settled there and living (got a job, studying or have enough means to support). So instead get a 90 days tourist visa by telling them you are going there on holiday and showing return tickets as proof.

It will cost you a bit to fly to India and book return plane tickets, but it will look like holiday and you will get your visa easy.

thank you very much. if i get my passport volunteer departure, can i fly to Germany with my partner? if i arrived in germany with my partner are they allow me to germany? thank you in advance

[gokulatti]

From my understanding, Germany does not recognise Civil Partnership, so you might not be considered a direct family member under directive 2004/38. However they MIGHT consider you as a secondary beneficiary under " Durable Relationship" if you and your partner have lived together and can prove it, but the german authorities are not obliged to give you a residence permit but only facilitate under local german law. If the local german law does not have any options of residence for durable relationship then I am afraid you cannot rely on Directive 2004-38. Your options would be limited to either marriage or getting a residence on your own via job/study etc. I wish you all the best.

[Fazlan]

Hello,
I m from Ireland and partner from Sri Lanka. We had a civil partnership in 2012 in UK. We continue lived in the UK and he had a residence card as EU family member. While he living in the UK I moved to Germany to looking for job. That time UK home office revoke his visa because I wasn't in the UK.
Thereafter I got job and I moved to Germany. I went to UK last month and I took him with me to Germany. We are now living in germany now.
We having a appointment for his residence permit on September 2018.
While he waiting until September is he can work legally?if he can work what kind of documents he need to give the employer? Thank you

[vinny]

Posts merged.

[Caravel88]

Yes, of course your partner can live in Germany.

Register ASAP locally. And look for jobs without a problem.

How did home office revoke his document by the way?

Hello,
I m from Ireland and partner from Sri Lanka. We had a civil partnership in 2012 in UK. We continue lived in the UK and he had a residence card as EU family member. While he living in the UK I moved to Germany to looking for job. That time UK home office revoke his visa because I wasn't in the UK.
Thereafter I got job and I moved to Germany. I went to UK last month and I took him with me to Germany. We are now living in germany now.
We having a appointment for his residence permit on September 2018.
While he waiting until September is he can work legally?if he can work what kind of documents he need to give the employer? Thank you

[Fazlan]

Hi guys,
His visa was revoked because of eu national treaty rights. Eu national was in the Germany that time

[Adeo]

Hi Fazlan,

I just came across your post. It's shocking that her visa was revoked. I'm British citizen and my wife is on spouse visa. I'm planning to move to Germany for a job. My plan is to move there and if I like it there then my wife will join me there too. Otherwise I will return to UK and continue as normal.
My question here is, Can home office revoke my wife's visa too? She is on spouse visa of a British citizen.
Thanks in advance

[ALKB]

Hi Fazlan,

I just came across your post. It's shocking that her visa was revoked. I'm British citizen and my wife is on spouse visa. I'm planning to move to Germany for a job. My plan is to move there and if I like it there then my wife will join me there too. Otherwise I will return to UK and continue as normal.
My question here is, Can home office revoke my wife's visa too? She is on spouse visa of a British citizen.
Thanks in advance

Two different sets of laws.

An EEA family permit or residence card are not visas. They are documentary confirmation of a right: to live with an EEA family member in an EU country the EU family member is not a citizen of. For this right, the EEA family member has to be a qualified person: working, studying, being self-sufficient with private health insurance. If the EEA family member ceases to be a qualified person, the right to stay/work/live in the host country also ceases for the non-EEA family member.

So, the EEA family member leaving the host country not just on holiday but to move to another EU country invalidated the residence card. For the non-EEA family member to leave the UK and try to return without accompanying or joining their EEA family member just alerted the authorities to that.

Your situation under UK domestic law is different, although the spouse visa is supposed to be for living together in the UK, it is unlikely for you to get into trouble until your spouse tries to apply for the next extension and you can't evidence UK income/living together in the UK.

How long to you intend to test out Germany before you make a decision? Remember, in theory, Brexit could happen at any point but the situation for both you and your spouse regarding moving to Germany could be very different from 1st November (unless there is another extension or article 50 is revoked, or, or, or...).

[Adeo]

Hi ALKB,

Thanks for you reply. It's very reassuring. After having read the post, I was under the impression that visa get canceled automatically if you move to another EU states for excercising the treaty. I know the brexit thingy is making many people's life difficult.
I'm planning to stay there for atleast 3 months. I'm hoping to be able to make the decision in my 1st month in Germany but I just want to give myself enough time to make correct choice.
.