Bloody-Fox wrote:Oh I thought that Surinder Singh would be applicable in the whole EU now.. thanks
It is applicable to all EU countries.
As to your original question: I don't know.
Logic would suggest that you can't just pick and choose whether you want your wife to be seen as spouse of a German national or an EEA national. I can only guess that her residence card of a family member of an EEA national would raise at least questions when she applies for naturalisation after three years.
What you might be able to pull off, though, is to get an indefinite residence permit when her residence card expires and then, when her stay is no longer dependent on her being married to you, apply for naturalisation. Just a guess.
Your best bet would be to contact the Einbürgerungsbehörde in the community where you would be living and ask the question. While the laws are the same, interpretation can differ from Bundesland to Bundesland. In Bavaria for instance, you'd have trouble applying while receiving any sort of public funds, while in Berlin it is quite usual to top up a lower income with ALG II and still be accepted.
You could get the Schengen visa and then decide which route you want to go.
The German domestic rules would make her eligible for an integration course, which is a highly subsidised, h i g h quality language and culture course which would exempt her from the naturalisation language test. As the spouse of an EEA national, she would neither be required to take part, nor would she be eligible to.
As she has to learn German to a fairly high standard for naturalisation anyhow, why not go the usual way (German spouse visa laws are hardly terrible) and cut out at least two, if not five years of waiting before she can apply for naturalisation?
I am not a regulated immigration advisor. I am offering an opinion and not advice.
