How to apply for EEA resident permit under EU law in Germany

JuniorG · Post by **JuniorG** » Thu Oct 22, 2009 2:59 pm

Hi guys,
Just to keep you updated on developments, I have contacted the Signpost Service and have asked them to explain what rights my brother has as a non-EEA family member of a EU citizen. I will wait for their reply before I take any action

JuniorG · Post by **JuniorG** » Wed Oct 28, 2009 5:03 pm

Hello guys,

Another update...
I have received a response from the Citizen Signpost service regarding my query. This is what they said:-

Dear Mr. Gonzalez,
According to European law (as you already wrote) and German law:
http://bundesrecht.juris.de/aufenthg_2004/__36.html it is possible that your brother can receive residence permission in Germany. Please notice that according to European law the procedure is easier to receive the residence permission. This does not mean that the Member States have to issue the residence permission. Under certain circumstances they can refuse to issue this permission.

Kind regards
Citizen Signpost Service

I contacted my Kommunale Auslaenderbehoerde but they still refuse to give my brother the residence permit. They say that the only way they would consider giving my brother residence is if he were to need special medical treatment and I were the only person that could look after him.

So, no good news. I am now contemplating hiring a lawyer. We will see...

Post by **Obie** » Wed Oct 28, 2009 7:45 pm

[quote=" EU Commission 03/09 Report on Directive 2004/38EC"]

2.1.3. Family Members who are Dependants

There is also wide variety across the MS in relation to the interpretation of the concept of dependant person.(29) The European Commissionâ€™s Report COM(2008) 840 stipulated that almost half of the MS had not transposed Article 3 (2) in a satisfactory way. As evidenced in the already restrictive interpretation of the category of other beneficiaries of the Directive, this statement of failure is based upon a practice of interpreting more restrictively MSâ€™ obligations towards family members of EU citizens.(30) The information provided by the questionnaires in this regard has been unsatisfactory. The definition of this category has been given a very broad scope in Belgium.(31) In Cyprus this definition is narrower.(32) It also appears that the documents requested to substantiate this dependency status are very different from one MS to the other. These documents mainly purport to prove family ties and relationship, physical dependence and financial circumstances. The case of Belgium provides us again with a good example where the administrative requirements at national level are subject to a large margin of appreciation. In fact, in this country, â€˜there is no exhaustive list of documentsâ€™(33) accepted by the authorities to prove the existence of dependency. As exemplified in the answers to the questionnaires by other MS, the national authorities retain a significant margin of manoeuvre to define who qualifies for this category and how this is can be evidenced. In Italy, while other family members do not seem to be covered by Legislative Decree 30/2007 transposing the Directive, â€˜durable partnersâ€™ may be allowed to enter with an entry visa if â€œthe relationship is duly attested by the Union citizenâ€™s stateâ€

JuniorG · Post by **JuniorG** » Fri Oct 30, 2009 9:08 am

Hi Obie,

Thanks for the link. Do you know if I appeal my case with the European Commission while my brother is still in Germany, once his Schengen visa expires (due to expire end of Nov), will he have to leave? Or can he stay in Germany while a decision is reached by the EC?

Thanks

Ben · Post by **Ben** » Fri Oct 30, 2009 9:13 am

He can stay in Germany.

JuniorG · Post by **JuniorG** » Fri Oct 30, 2009 9:24 am

Thank you Benifa,

I have another question, If I wanted to take my brother to the UK with me (were I to move back there), will my brother need to have a German Residence card before I can apply for a EEA family permit for him?

Ben · Post by **Ben** » Fri Oct 30, 2009 9:27 am

JuniorG wrote:Thank you Benifa,

I have another question, If I wanted to take my brother to the UK with me (were I to move back there), will my brother need to have a German Residence card before I can apply for a EEA family permit for him?

No, he simply needs to be a family member of a Union citizen as described in Article 2(2) or 3(2) of Directive 2004/38/EC.

JuniorG · Post by **JuniorG** » Fri Oct 30, 2009 9:42 am

Great!

Thank you Benifa

Ben · Post by **Ben** » Fri Oct 30, 2009 9:56 am

JuniorG wrote:Great!

Thank you Benifa

Tip for you.

As you know, Article 3(2) is what applies to your brother. From Article 3(2):

are dependants or members of the household of the Union citizen

It may be easier to prove that your brother is a member of your household than it is to prove he is dependant on you. Or maybe not. But the option is there since he fits in both categories, so you can use either.

malik0543 · Post by **malik0543** » Sun May 03, 2015 8:32 am

HI

Did any know about JuniorG Brother's Case ?

Did he get residence card in Germany or not ?

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How to apply for EEA resident permit under EU law in Germany

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