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Discussion Starter · #1 ·
Hi there,

I am currently in the following situation:

- My wife is Australian and will relocate to Europe in the end of 2012
- We got married in Germany
- I live/work in London but have a job offer in Gibraltar
- We have not yet applied for any permit/residency for her within Germany or any other EU country.

My questions are:

- Is it best to apply for her permit in Germany, if so, does anyone has a useful website with clear instructions?
- Provided we apply for her permit in Germany, how will it work if we relocate to Gibraltar but most likely will live in southern Spain?

Thank you for your help guys, much appreciated.

iddqd
 

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Hi there,

I am currently in the following situation:

- My wife is Australian and will relocate to Europe in the end of 2012
- We got married in Germany
- I live/work in London but have a job offer in Gibraltar
- We have not yet applied for any permit/residency for her within Germany or any other EU country.

My questions are:

- Is it best to apply for her permit in Germany, if so, does anyone has a useful website with clear instructions?
- Provided we apply for her permit in Germany, how will it work if we relocate to Gibraltar but most likely will live in southern Spain?

Thank you for your help guys, much appreciated.

iddqd
Since you are living in the UK right now and I assume that she will be joining you there initially, I would have her apply for an EEA family permit at the nearest UK Embassy/Consulate. It´s free and pretty painless.

In Germany, my husband always had his passport with the permit back within two weeks.

When you move, you can then apply for an EEA family permit in your new country of residence. (Although... if you happen to end up living in Gibraltar after all, I guess her UK permit would still be valid for residence, right?)

Getting her an Aufenthaltstitel in Germany only makes sense, if you live in Germany permanently. You would have to go to your local Ausländerbehörde and supply things like a rental contract, proof of health insurance and such. If you do live in Germany, she should get her residence permit the same day and it´s also free.

Good luck for all your plans!
 

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Discussion Starter · #3 ·
Thank you for your quick response. Very helpful. I have another question: In Gibraltar they say the following "Non-EU nationals: must find a job that no native Gibraltarian is willing to undertake. A work permit and residence permit will be issued if this is the case, but for a period not exceeding 12 months."

Would my wife still be treated as a non-EU national even though she has that EEA family permit...?

The whole thing will be tricky, since she is not in London at the moment and by the time she is, I will leave London one week after, then we have a holiday back in Germany...then she leaves and is back November again, when I will be in Gibraltar (most likely).

Thanks again for your help and wishes :) Hope you're doing well in Scotland!
 

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Thank you for your quick response. Very helpful. I have another question: In Gibraltar they say the following "Non-EU nationals: must find a job that no native Gibraltarian is willing to undertake. A work permit and residence permit will be issued if this is the case, but for a period not exceeding 12 months."

Would my wife still be treated as a non-EU national even though she has that EEA family permit...?

The whole thing will be tricky, since she is not in London at the moment and by the time she is, I will leave London one week after, then we have a holiday back in Germany...then she leaves and is back November again, when I will be in Gibraltar (most likely).

Thanks again for your help and wishes :) Hope you're doing well in Scotland!

Better check with the UKBA if there are any special rules regarding Gibraltar but since it is part of the UK I think the UK EEA family permit should be valid there. The permit comes with a permission to work and is multiple entry.

That stipulation regarding non-EU nationals exists pretty much in any European country. The EEA family permit takes care of that for her, no need for an extra work permit/work visa. There is a potential issue with living in Spain and wanting to work in Gibraltar, though, as I think she´d have to get a Spanish EEA family permit, which in turn gives her the right to work in Spain but possibly not in Gibraltar. Gibraltar´s status is so confusing, I´d really talk to the UKBA about that. Would living in Gibraltar be at all possible and/or desirable? It could simplify things. She could also look for a job in Spain but with the current economic situation there...

When does she plan to visit you in London? You might have to time the application carefully. Find out average processing times for EEA family permits in Australia to get a better idea.

The permit is initially issued for 6 months and she can come and go as she pleases during those 6 months and the way it sounds, she will most likely apply for her Spanish permit before the 6 months are up.

Otherwise, she will have to apply for the 5 year EEA family permit at the Home Office before the 6 month permit expires, if she doesn´t want to go back to Australia to apply for a fresh 6 month permit.

Processing times for the 5 year permit are something like 3-4 months now, I have heard, which means that she won't be able to travel while the application is being processed (somebody correct me if I am wrong, in some applications there is the possibility to ask for your passport to be sent back for travel purposes and then be notified when to send it back to the HO for stamping).

We are not yet in Scotland, just organising the move for July. We used to live in Cambridgeshire and absolutely loved the proximity to London - our town had great train links. This time it will be a bit different but Edinburgh is great so I have no worries :)

EDIT: Maybe somebody in the UK forum can shed some light on the specifics of the Spain-Gibraltar situation! *looks at Joppa*
 
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