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Was wondering what the German equivalent for the EEA FP is (for the non-EU spouse of a UKC intending to move to Germany to live/work)?

teuchter
 

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Was wondering what the German equivalent for the EEA FP is (for the non-EU spouse of a UKC intending to move to Germany to live/work)?

teuchter

Initially you´d just apply for a short term visa (free for EEA family members). The validity varies, mostly I heard that it coincides with the validity of the mandatory health insurance you need to buy for the visa application.

Once in Germany, you go to the local Ausländerbehörde and fill in the 'Aufenthaltsanzeige für EU-Bürger und deren Familienangehörige' (notice of residence for EU citizens and their family members) after about a month you´ll get the biometric 'Aufenthaltskarte' valid for 5 years. After the five years you can apply for an indefinite permit (you need to meet additional requirements for that) or you can extend your EEA family permit.
 

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ALKB said:
Initially you´d just apply for a short term visa (free for EEA family members). The validity varies, mostly I heard that it coincides with the validity of the mandatory health insurance you need to buy for the visa application.

Once in Germany, you go to the local Ausländerbehörde and fill in the 'Aufenthaltsanzeige für EU-Bürger und deren Familienangehörige' (notice of residence for EU citizens and their family members) after about a month you´ll get the biometric 'Aufenthaltskarte' valid for 5 years. After the five years you can apply for an indefinite permit (you need to meet additional requirements for that) or you can extend your EEA family permit.
Thanks ALKB - certainly sounds straightforward enough. I had gone through the website of the 'Auswärtiges Amt', but couldn't find anything pertaining to non-EEA spouses of EU citizens.

teuchter
 

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Thanks ALKB - certainly sounds straightforward enough. I had gone through the website of the 'Auswärtiges Amt', but couldn't find anything pertaining to non-EEA spouses of EU citizens.

teuchter

It is rather hidden; I saw 'In case of a family member of an EEA national...' all the way down in the guidance for visa applications on German Embassy web sites.

The EEA family member goes for a short term visa/entry clearance first, it´s the Ausländerbehörde that has jurisdiction over the actual permit.

Just like with most European countries, the EEA family permit is relatively easy to obtain and the process more or less painless unlike if one of the couple is German ;)

The only problems I heard about relate to clueless staff at the Ausländerbehörde, especially in smaller towns and areas where not many expats live or rather, not many EEA expats.

A friend of mine had tremendous problems (not regarding an EEA family permit, though) because her Ausländerbehörde was only used to dealing with asylum seekers and Russian Germans, who were basically just planted in their district. We ended up talking to the head of department three times.

I am sure that quite a lot of case workers in the more provincial parts of Germany never had to deal with an EEA application to date.
 

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Hi All, thanks for the useful info above. Just an additional question:
My boyfriend of three years (we've lived together for two in the UK, U.S., and Ukraine) is moving to Berlin to work. He is a UK citizen and I'm a US citizen. Must we marry to qualify for the EEA family permit or is there some kind of domestic partnership requirement we can fulfill? Thanks!
LK
 

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Hi All, thanks for the useful info above. Just an additional question:
My boyfriend of three years (we've lived together for two in the UK, U.S., and Ukraine) is moving to Berlin to work. He is a UK citizen and I'm a US citizen. Must we marry to qualify for the EEA family permit or is there some kind of domestic partnership requirement we can fulfill? Thanks!
LK

I am afraid that Germany does not recognise 'durable relationships' like the UK does.

To qualify for an EEA family permit in Germany, you have to be married or in a registered life partnership in case of same sex couples.

As a rule of thumb: if you can part ways without going through something like a divorce, it does not qualify you for a visa.

If you don't want to marry for visa purposes, maybe you could qualify for a visa in your own right? Maybe as a student?
 

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Thanks so much for clearing that up! Really too bad since we can't even qualify for an unmarried partner visa in the UK even though we've lived together for 2+ years because of the new income requirement (my boyfriend is a phd student). I would rather not marry. Perhaps since I am Jewish and originally from the former Soviet Union (I have dual citizenship with Russia), I can qualify for some sort of legal status in Germany? Will have to research this further.
 

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Thanks so much for clearing that up! Really too bad since we can't even qualify for an unmarried partner visa in the UK even though we've lived together for 2+ years because of the new income requirement (my boyfriend is a phd student). I would rather not marry. Perhaps since I am Jewish and originally from the former Soviet Union (I have dual citizenship with Russia), I can qualify for some sort of legal status in Germany? Will have to research this further.
There at least used to be a possibility. I'll have to look up whether that is still current legislation.

Does it say 'Jewish' in your Russian passport? I think I remember that that was one of the requirements.
 

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The validity varies, mostly I heard that it coincides with the validity of the mandatory health insurance you need to buy for the visa application.
i'm sorry i don't agree with the above,my husband applied for the short stay visa and was not asked for the medical health insurance.
 

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when u apply as a spouse of an eu citizen then u are not supposed to hold any travel insurance/health insurance when u apply for the visa,u are supposed to be exempted from that requirement,knowing that under eu laws u are expected to have a passport,the ue passport,the marriage certificate for the spouse or birth certificate for the dependant child and maybe proof that u are going to travel to that member state.
 

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i'm sorry i don't agree with the above,my husband applied for the short stay visa and was not asked for the medical health insurance.
It depends on the country you apply from. For many countries, health insurance is mandatory to be issued any kind of visa to Germany.

If you buy 2 months, the Embassy then tends to issue for two months at the most, if you buy three months insurance, they most probably give the full 90 days, provided you apply for 90 days in the first place.

What's your husband's nationality?
 

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Thanks so much for clearing that up! Really too bad since we can't even qualify for an unmarried partner visa in the UK even though we've lived together for 2+ years because of the new income requirement (my boyfriend is a phd student). I would rather not marry. Perhaps since I am Jewish and originally from the former Soviet Union (I have dual citizenship with Russia), I can qualify for some sort of legal status in Germany? Will have to research this further.
I am afraid that it is much more difficult to qualify since a new immigration law came into effect on 1.1.2005, before that it was rather easy to immigrate from a GUS state to Germany provided that the applicant could show official paperwork stating their 'nationality' as Jewish.

If you would still want to try this now, you would have to apply from your home country basically as a refugee (which is not something too pleasant - lots of obligations and restrictions!).

Do you also have an American passport? In that case any application would be useless, as you could always go to live in America, which is deemed a secure country.
 

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I am afraid that it is much more difficult to qualify since a new immigration law came into effect on 1.1.2005, before that it was rather easy to immigrate from a GUS state to Germany provided that the applicant could show official paperwork stating their 'nationality' as Jewish.

If you would still want to try this now, you would have to apply from your home country basically as a refugee (which is not something too pleasant - lots of obligations and restrictions!).

Do you also have an American passport? In that case any application would be useless, as you could always go to live in America, which is deemed a secure country.
Thanks so much for the info. I am a dual citizen with US citizenship as well as Russian. I have not lived in Russia since 1992. Alas, looks like all roads lead to marriage... Too bad!
 

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i'm sorry i don't agree with the above,my husband applied for the short stay visa and was not asked for the medical health insurance.
HI Strawberries, I really want to get in touch with you to discuss how you and your husband moved to Germany. I am in the exact same position as you and am desperately looking for advice. I noticed the other post you ran is now closed. Is there any way you can contact me directly? thanks so much.
 

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ALKB, thanks so much for all the helpful advice over the past few months as we try to sort through this complicated bureaucracy.
Ok, it looks like we will have to marry. We will do that now in the U.S. and move to Germany by the spring where my partner will look for employment. What does the new legislation in the UK mean for us using the EEA family permit to return to the UK?
 

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ALKB, thanks so much for all the helpful advice over the past few months as we try to sort through this complicated bureaucracy.
Ok, it looks like we will have to marry. We will do that now in the U.S. and move to Germany by the spring where my partner will look for employment. What does the new legislation in the UK mean for us using the EEA family permit to return to the UK?
Nobody really knows, yet, as the new rules come into effect on 1/1/2014 and it remains to be seen how "transferring one's centre of life" will be interpreted by UKBA in practical terms.

It certainly looks like they will be looking for a much longer stay in the EU country, how long nobody knows, yet. Also, they are looking at how well integrated you are - did you attempt to learn the language? Did you join a local club? Did you rent your own flat or did you just get a room in a shared house? Do you still have a residence in the UK? That kind of thing, but so far all of this is speculation in terms of how strict UKBA will be.

In any case, the new rules are geared towards stopping a quick stint in another EU country just to return to the UK. While so far people were planning on 3 to 6 months total, a minimum of 6 - 12 months SEEMS more likely.

There is a thread on this in the UK forum:

http://www.expatforum.com/expats/br...-living-uk/284442-surinder-singh-changes.html

Have you looked into a residence permit for learning the language? You could get that without marrying but would need to attend an intensive German language course for at least 18 hours per week; no evening or weekend course.
 

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ALKB, thanks so much for all the helpful advice over the past few months as we try to sort through this complicated bureaucracy.
Ok, it looks like we will have to marry. We will do that now in the U.S. and move to Germany by the spring where my partner will look for employment. What does the new legislation in the UK mean for us using the EEA family permit to return to the UK?
The first people have been posting their refusals when trying to use the Surinder Singh route after the new rules came into effect.

No official guidance has been published but from the refusals they seem to look for:

- Self-contained accommodation in your name with utility bills in your name.
- Length of stay - three months do no longer seem to suffice. IF the UK is modelling their interpretation of Surinder Singh after the Danish rules (for which there is some evidence but nothing official or definite), you might be looking at working in the EU country for a year or more before you can move back to the UK.
- Evidence that you are dealing with all aspects of your life in the EEA host country: open a bank account ASAP, not months after you arrive, get a mobile phone contract, try to exchange your UK driving license to one of your host country, etc.
- If self-employed, don't just relocate your existing UK business to another EU country but only do work for UK clients remotely.

This is just a first impression, I am sure we will get more information, soon.
 

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Thanks for the information. I would like to send an update on my situation and ask a few questions. My boyfriend and I married in 2014 (again, I am a U.S. citizen and he is British). Since then, I purchased an apartment in my name in Berlin and plan to move there in May. Now that it is difficult to use the Surinder Singh route, I would like to stay in Berlin but he only has three months there before he needs to be back in England to resume his PhD studies. My questions are the following:

1. What are the steps we can take for me to get right to remain? As I understood it, he needs to get an official job in Berlin.

2. Is this possible to do given that he only has three months before he needs to return to the UK?

Thanks in advance!
 

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Thanks for the information. I would like to send an update on my situation and ask a few questions. My boyfriend and I married in 2014 (again, I am a U.S. citizen and he is British). Since then, I purchased an apartment in my name in Berlin and plan to move there in May. Now that it is difficult to use the Surinder Singh route, I would like to stay in Berlin but he only has three months there before he needs to be back in England to resume his PhD studies. My questions are the following:

1. What are the steps we can take for me to get right to remain? As I understood it, he needs to get an official job in Berlin.

2. Is this possible to do given that he only has three months before he needs to return to the UK?

Thanks in advance!
Good to hear from you! First of all: congratulations!

Now, what you are planning might work but you also might run into trouble.

A property does not give you any advantage in a residence permit application.

Within the first 90 days of his stay, your husband does not have to show a job, as he can exercise his treaty rights as a jobseeker, so if you manage to get all the paperwork and an appointment with the Ausländerbehörde within 90 days of your arrival, you will most likely be issued a residence card without further ado.

It will be valid for five years and you will have unrestricted access to the local job market.

The problematic bit is that your residence card depends on your husband remaining in Germany and exercising his EU treaty rights (working, etc.), if he is living and working/studying in the UK, your residence card loses the basis on which it has been issued. So, if somehow the Ausländerbehörde gets wind of your arrangement... well, let's just say it would not be good.

At the very latest you might face difficulties when your five years are up and you either apply for an indefinite permit or a further five year residence card.
 
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