ALKB wrote:mak35 wrote:Someone threw a spanner in the plan earlier.
I rang up the Residence Permit section of German Embassy UK to ask if my parents are issued with a Tourist Visa would they be able to apply for Residence Permit directly in Germany. The woman on the other side replied NO and they have to go back to home country and apply for 'Family reunification' visa. She said nationalities of certain countries are not issued RC within Germany. Pakistan being one of them (parent's home)
When I insisted that German Immigration website does not state any distinction applied based on nationality she simply said different councils in German may interpret it differently so you can go and try !! like it is not a big deal to move the entire center of your life to a new country just to find out whether this whole thing will work or not.
I've looked up and book an appointment with a German Immigration Lawyer for tomorrow to check for definite. That woman was not very helpful and would say NO to everything ... typical behavior from Embassy!
There are several examples on this forum alone of people arriving on a tourist visa in Germany and then applying successfully for residence card for family member of EU nationals.
I specifically remember one thread - the OP had no problem getting an RC for his mother but had trouble getting one for his brother (extended family member). Both had arrived in Germany on short term Schengen tourist visas.
On the other hand, have you researched what Brexit might mean for your plan or what Camerons 'deal' with the EU might mean for you in case the UK stays in the EU?
This is what I found in Gov document. It also goes into details of how Govt is planning to implement these reforms. read more hear ...
https://www.gov.uk/government/uploads/s ... _ready.pdf
Abuse of free movement
2.116
Our new settlement has secured a commitment to new legislation to help prevent
non-EU nationals using EU law to evade UK immigration controls. The Government has also
secured agreement on the additional action we can take to prevent fraud and abuse of free
movement.
2.117
This represents the strongest package we have ever had to tackle the abuse of free
movement and close down the back-door routes to the UK.
2.118
The UK accepts the free movement of workers across the EU. The UK economy
benefits from it and it allows UK nationals to live and work in the EU. But when this principle is
abused or creates more favourable treatment for nationals of other EU countries than for UK
citizens, this is clearly unfair and erodes public confidence in our ability to control immigration
into the UK.
2.119
The agreement we have secured contains a commitment to new legislation, making
important changes, which will help ensure that non-EU nationals will no longer be able to
take advantage of EU law to get around our immigration controls. The European Commission
Declaration makes clear that it will propose new secondary legislation “in order to exclude,
from the scope of free movement rights, third country nationals who had no prior lawful
residence in a Member State before marrying a Union citizen or who marry a Union citizen
only after the Union citizen has established residence in the host Member State”. This means
that non-EU nationals who have been living in the UK illegally will no longer be able to evade
our immigration controls by marrying an EU national. In addition, non-EU nationals who are
married to or who marry EU nationals already living in a host Member State will need to meet
the domestic immigration rules of the first EU country they reside in. In the UK that includes an
income test and English language requirement.
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These changes will remove the incentive for sham marriage and mean that all non-EU
nationals will have to meet the immigration controls of the first Member State that they enter,
addressing the unfairness of the current situation, in which it is easier for an EU national to
bring a non-EU spouse to the UK than it is for a UK national.
2.121
The International Law Decision makes clear the actions that we can take to deal with
non-EU nationals who attempt to evade our domestic immigration controls by fraudulently
maintaining a marriage or by residing with a UK spouse in another Member State for a
short period before moving to the UK (relying on the ‘Surinder Singh’ route) in order to take
advantage of free movement rules. It confirms that “Member States are able to take action
to prevent abuse of rights or fraud (...) and address cases of contracting or maintaining
marriages of convenience with third country nationals for the purpose of making use of free
movement as a route for regularising unlawful stay in a Member State or address cases of
making use of free movement as a route for bypassing national immigration rules”.
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The UK will also take further domestic steps to create stronger and longer re-entry
bans for those who abuse free movement rights, increasing them from 12 months to three
years.
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The package also commits Member States to better data sharing and co-operation
between national authorities in order to tackle abuse of free movement that will help underpin
the successful delivery of this new package of measures.