Eu family members residence permit.

[Noz03]

Hi, I recently moved to German with my wife (I am British and she is non-eu). I was told how easy it would be to get the resident permit for her but the office wanted to see my income, which I don't have as I just arrived and plan to take it easy for a while until I get a job. As I know I can show amounts of money in a bank account, although it took a lot of pushing to get them to even admit that, and I couldn't get any answer as to how much, or more importantly does that money have to be in Germany, or could I show my UK savings account.

Any suggestions??

Thanks!

[mgb]

In the first 90 days there are no preconditions. Show them the eu directive.
As a job seeker you have 6 month.

[Noz03]

So what you are saying is they have to give my wife the residence permit for at least 6 months? Where can I find this document? They did offer to give my wife a paper which allowed her to stay 6 months, but I want her to have the residence permit so she can also work, and also to visit the UK with me.

[mgb]

You could ask solvit for help. Link at the bottom of this page:
http://europa.eu/youreurope/citizens/re ... dex_en.htm#

[sheraz7]

Probably you are willing to exercise your treaty rights by self sufficiency, but the host member state shouldn't impose any income/funds limit rather the individual circumstances need totake into consideration for this purpose. However, you must have csi policy too if claiming self sufficiency.

[ALKB]

So what you are saying is they have to give my wife the residence permit for at least 6 months? Where can I find this document? They did offer to give my wife a paper which allowed her to stay 6 months, but I want her to have the residence permit so she can also work, and also to visit the UK with me.

Print out the relevant part of the directive of free movement and go there again. A different caseworker might not kick up a fuss at all. If they give you trouble again, ask to speak to the supervisor/head of department.

How long ago did you arrive in Germany exactly?

90 days after your arrival, the Ausländerbehörde can indeed ask you for proof of income, exercising treaty rights, health insurance, etc.

[Noz03]

Well as I can understand this only means that the authorities don't have the right to ask me to show my income for my own right to stay here, but what I want to do is get my wife a residence card, even if it is just for 6 months.


This is from a pdf about the requirements of getting a residence card for eu family members:

Right of freedom of movement applies
Family members only enjoy a right of residence derived from an EU/EEA
citizen if this person has the right to freedom of movement, i.e. as an
- Employee (proof in the form of an employment contract, if applicable)
- Self-employed person (proof in the form business registration or bills, if
applicable)
- Economically inactive: proof of sufficient means of subsistence.

I do have the right of residence as a job seeker no matter my financial situation, but does that give me the right to claim a residence card for my wife? I would need something solid to prove that.

[mgb]

If you have he the right to stay your wife has the right to stay.
Normally your wife has the duty to register her presence as a family member of a eu citizen in germany at the Ausländerbehörde in the first 90 days. As a result of that registration she should get a residence permit (Aufenthaltskarte-EU) after 4 to 6 weeks. The Aufenthaltskarte-EU is 5 years valid or the period the eu citizen is planing to stay in germany if that period is shorter.
The Ausländerbehörde has the right to check if the eu citizen is exercising treaty rights but not in the first 90 days and from the 4th month to the 6th month job seeking is exercising treaty rights. If they want to give your wife a so called Fiktionsbescheinigung for 6 month its a offence against the eu directive. They can give here only a residence permit (Aufenthaltskarte-EU) which is compatible with the eu directive 2004/38.
German source for job seeker: Allgemeine Verwaltungsvorschrift zum Freizügigkeitsgesetz/EU 2.2.1.3.