[fran_dm]

Good afternoon!
My husband and I have been living apart since November in order for us to qualify for our spousal visa.
I am British and he is Canadian. We lived in Canada (me on an IEC visa) and decided to make our lives in the UK, but my wages were low so I didn't qualify for the minimum income from another country for the spousal visa.
We tried the SS route but unfortunately it didn't work out for us- we were not happy and we couldn't get good enough jobs to afford to pay rent, so we decided to bite the bullet and start the fight for the spousal visa.

Anyway - I now have been working for a good company in the UK for six months, above the £18.600 minimum, and have seven payslips.
My Canadian husband got a job in Germany as a teacher and has a German residence card - therefore he can apply from Berlin. This has been checked with solicitors.

Due to the new health charge, we cannot afford a solicitor any longer - so with help of a friend who has been through the process we are going it alone.

We applied and were granted a Marriage Visitor Visa last year for our wedding in the UK.

Generally, is there anything that anyone would recommend for people in our situation? Has anyone else applied from Berlin when not a German citizen... and apart from swamping them with all the information and proof of a happy and honest relationship which we are all ready for... any advice?
Thank you!! We apply on Monday!! :fingerscrossed::fingerscrossed:

 

[ALKB]

Good afternoon!
My husband and I have been living apart since November in order for us to qualify for our spousal visa.
I am British and he is Canadian. We lived in Canada (me on an IEC visa) and decided to make our lives in the UK, but my wages were low so I didn't qualify for the minimum income from another country for the spousal visa.
We tried the SS route but unfortunately it didn't work out for us- we were not happy and we couldn't get good enough jobs to afford to pay rent, so we decided to bite the bullet and start the fight for the spousal visa.

Anyway - I now have been working for a good company in the UK for six months, above the £18.600 minimum, and have seven payslips.
My Canadian husband got a job in Germany as a teacher and has a German residence card - therefore he can apply from Berlin. This has been checked with solicitors.

Due to the new health charge, we cannot afford a solicitor any longer - so with help of a friend who has been through the process we are going it alone.

We applied and were granted a Marriage Visitor Visa last year for our wedding in the UK.

Generally, is there anything that anyone would recommend for people in our situation? Has anyone else applied from Berlin when not a German citizen... and apart from swamping them with all the information and proof of a happy and honest relationship which we are all ready for... any advice?
Thank you!! We apply on Monday!! :fingerscrossed::fingerscrossed:

How is his residence card in Germany still valid if you are no longer living in Germany with him and exercising treaty rights?

Have you de-registered before leaving Germany permanently?

 

[fran_dm]

How is his residence card in Germany still valid if you are no longer living in Germany with him and exercising treaty rights?

Have you de-registered before leaving Germany permanently?

Sorry for the confusion. HE lives in Germany as he is employed by an international school who provide him with the residence card. His being in Germany has nothing to do with me and we are not claiming treaty rights. It is just where he lives.
We tried the SS in Ireland - I never lived in Germany with him.

 

[Joppa]

I don't see any problem with your application. Having residence permit in Germany allows him to apply in Germany.

 

[fran_dm]

Thanks Joppa. It's getting down to the last few days and the nerves start setting in. We have done everything by the book so fingers crossed.

 

[ALKB]

Sorry for the confusion. HE lives in Germany as he is employed by an international school who provide him with the residence card. His being in Germany has nothing to do with me and we are not claiming treaty rights. It is just where he lives.
We tried the SS in Ireland - I never lived in Germany with him.

Ah, okay, all good then.

There is a difference between residence permit (Aufenthaltserlaubnis) which he has, - even if it is now in card form - and residence card (Aufenthaltskarte).

I was just a bit worried that if he had a residence card this might flag up since you are not living in Germany.

My husband applied a few times for EEA FP in Berlin and people at the commercial partner were generally very friendly and helpful.

Good luck!

 

[fran_dm]

Ah, okay, all good then.

There is a difference between residence permit (Aufenthaltserlaubnis) which he has, - even if it is now in card form - and residence card (Aufenthaltskarte).

I was just a bit worried that if he had a residence card this might flag up since you are not living in Germany.

My husband applied a few times for EEA FP in Berlin and people at the commercial partner were generally very friendly and helpful.

Good luck!

Oh that is so good to know that the Berlin 'people' are generally helpful. Thank you. Maybe you can tell me, is there a fast track option available for us? It looks as though the processing times are fairly short as it is, but always good to know if there is an option.

I didn't realise there were two different residence cards/permits in Germany. That is very good to know also, for future reference!

 

[ALKB]

Oh that is so good to know that the Berlin 'people' are generally helpful. Thank you. Maybe you can tell me, is there a fast track option available for us? It looks as though the processing times are fairly short as it is, but always good to know if there is an option.

I didn't realise there were two different residence cards/permits in Germany. That is very good to know also, for future reference!

There seems to be a priority option in Germany:

https://www.gov.uk/government/world-location-news/changes-to-uk-visa-application-process-in-germany

Although the 3-5 working days sound geared towards visit visas rather than settlement.

There are actually five different residence permits in Germany The residence card is the one under EU rules. The others can be a sticker or a biometric card but they are always called residence permit.

 

[fran_dm]

Yes, that is fairly fast to come through! Would be incredible after all the waiting, but with 100% done within a month, that is also a quick response after all the time we have waited so far

Haha, thanks. Will make sure we don't say card again - could cause all sorts of complications.
Thanks again

 

[MH_M]

Hello, this is the husband living in Germany here. Just wanted to say the card I have is called the Aufenthalstitel. It has my picture and says Residence Permit in the lower right hand corner. On the reverse side it has my German address, nationality, height, gender etc.
By all account is this considered sufficient enough to apply with?
Also my address has changed since obtaining the card, is this an issue?

 

[ALKB]

Hello, this is the husband living in Germany here. Just wanted to say the card I have is called the Aufenthalstitel. It has my picture and says Residence Permit in the lower right hand corner. On the reverse side it has my German address, nationality, height, gender etc.
By all account is this considered sufficient enough to apply with?
Also my address has changed since obtaining the card, is this an issue?

You have a residence permit, so that's fine to apply with.

When you registered your new address at the Meldeamt, the information also went to the Ausländerbehörde. I would think that they would contact you, should you need to change your biometric card. (They send letters to whatever address you are registered at when it's time for renewal.)

Your registration certificate should be enough as proof of address. If you want to be 100% sure, call the Ausländerbehörde (not on Wednesdays and Fridays, they don't answer the phone on those days) and check with them whether an update of personal details is needed/possible.

 

[ALKB]

I just looked up the address change thing regarding biometric card permits and am a bit confused.

When you changed your address, the Bürgerbüro should have either given you a little sticker with your new address on your biometric card (as they do with German ID cards when a German national moves house) or should have sent you to the Ausländerbehörde to get it updated.

I have a sinking feeling that you possibly didn't register your new address after moving?

How long ago was that move?

In Germany, everybody, including German nationals, has to register a new address within a certain time frame. This varies from region to region; in Berlin it's within 14 days of moving.

https://service.berlin.de/dienstleistung/120686/

I think you might need to get this sorted before you apply.

You can make an appointment online and you can go to any Bürgerbüro in Berlin, it does not have to be the nearest one.