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frustratedbrit wrote:I am a British citizen living in Germany with my non-EEA spouse. We moved to Germany for my job. She applied for a German residence card in May 2014, within 3 months of moving to Germany with me. We gave them all the necessary documents (marriage certificate, etc), but they have only this week returned them to us. I lost my job in September, after 6 months. The German authorities are now (as of this week) asking for proof that we have health insurance and enough money to sustain my family in Germany before proceeding with issuing the Germany residence card for my wife. I am currently in the process of applying for unemployment benefit here in Germany.
My question are:
1. Aren't they obliged under EU Directive 2004/38/EC to issue the residence card with 6 months of application?
2. Are they allowed to be putting restrictions on the issuance of the cards after their 6 month deadline has passed?
3. How can I get them to comply with their obligations?
4. Will telling them that I am applying for unemployment benefit prejudice my wife's chances of getting her residency card?
frustratedbrit wrote:Everything was held up by 7 months as they did checks on our marriage certificate and her son's birth certificate (who lives with us and is also applying). They sent these back to Vietnam to perform the checks, where my wife and stepson are from. We went to great lengths to get stamps on these documents from the Vietnamese Ministry of Foreign Affairs, but this was not enough to satisfy the Germans, apparently.
I had already been in my job for almost 2 months when we made this original application.
We applied in a big city (Dresden).
I'm applying for Unemployment Insurance (Arbeitslosengeld I), which I know needs 12 months work in the last 24, but I have been advised that work done elsewhere in the EU counts towards this, but I need a PDU1 form from the countries I worked in. Applying for a PDU1 form from the UK took 2 over two months in total. Then I booked an appointment with the unemployment office, who have a 6-week waiting time for appointments at the moment, due to a surge in unemployment in the region, and our appointment is at the end of January.
When I found out about losing my job, I needed an interpreter to help me with the unemployment office, but the interpreter could only earliest turn up on Thursday 4pm, which was when the office closed, and they refused to see us. We turned up the next morning, but we had then missed the 3-day deadline. It took 3 appointments to determine that I would be eligible for Arbeitslosengeld I. They had told us twice no, but a friend of a friend told me they were wrong, so I went back a third time and was told that I did indeed qualify if I could supply various documents including a PDU1 form.
Payments to my health insurer have lapsed, but they are hanging on for the while keeping me insured, and I think are issuing a letter to say that I'm still insured.