German residence permit advice - eu citizen & non-eu spo

[KarenYucel]

Hi,

I'm wondering if anyone knows of a solicitor in London who specialises in German immigration or who has a current knowledge of German immigration law. Would like to be able to talk through a residence permit application before making it.

Thanks
Karen

[Directive/2004/38/EC]

Doubt you will find anyone.

You might want to share with us what is happening - there is a lot of collective knowledge available from the other board users.

[KarenYucel]

Hi,
Thanks for your reply, I thought it was a long shot.
My husband is turkish, and we live in the UK. I am a British citizen as is our son. My husband has family in Germany and has been offered work by them if we want to move there. We are not happy with life in the UK so would consider it. I have looked on the German embassy website and see that my husband would need to apply for a work permit / residence visa. In order to qualify for this, the information says he should have a qualification and that the embassy should be satisfied that the job he will be getting could not be filled by a German citizen or other person already in Germany. My husband would be working as a labourer for his family's business and does not have a qualification in this field. He is being offered work purely because he is family. Alternatively he has a security guard qualification and license in the UK, but I don't know if this would be transferable to working in Germany.
As we have a son who is under 2, I would not be working immediately when we got there, due to childcare. I know that me and my son can go there with no real issues as EU citizens, but from what I can gather we would need to provide evidence of where we are living and financial situation in order to stay long term. This financial information would be based on what my husband can earn.
Any advice would be really welcome. What do you think are the chances of us being approved for his work permit, and will the fact that it is family that are offering the job make any difference. They would be able to provide all letters needed, and would help us with accommodation and financially to start with.
Thanks
Karen

[Directive/2004/38/EC]

Instead of posting again, I wish you would have just linked to your previous threads: http://www.immigrationboards.com/viewtopic.php?p=529212 and http://www.immigrationboards.com/viewtopic.php?p=497752

What questions did you still have after reading the answers on those threads? It all sounds very straight forward.

[KarenYucel]

Sorry I did not know how to link posts together, and to be honest I'd lost track of where I'd posted as I was trying to get as much advice as possible from different places.
In a reply to one of my other posts, figures like £5000 euros were mentioned in terms of savings. We don't have even close to this kind of money, so am really hoping this would not be an issue. We would be relying on my husbands income to be self-sufficient without accessing public funds.
I see from other posts that in 'normal' situations it is the EU citizen who is coming for work, and bringing their family members. I'm just worried that us having to be reliant on my husband or his family to survive financially will work against us.
Also my husband has been offered work by his uncle in an area that he does not have a qualification for, so again would this work against us, and would the embassy think that the position should be given to a German citizen or someone already in Germany
Please if anyone can advise I would be very grateful.
Sorry again for the multiple posts.

[Directive/2004/38/EC]

All he needs to get to Germany is a simple Schengen "visitors" visa. You can apply by post and I suggest you do it this weekend. Be sure to send it by special delivery. No cost and likely takes about 7-14 days.

He can legally work immediately, but it is normally hard to prove. But since he is working for a family member it should be easier to prove.

Once in Germany he will need to apply for a Residence Card. If you are working, even part time, then that is easy. If you are not working, then you need to be "self sufficient". It should not be too hard to prove. Savings in the UK are fine. And income from your husband can quickly fill a bank account.

[KarenYucel]

Thanks so much for your help. That is excellent, I thought he would need a residence card or work permit before going there, but if he can go on a schengen visa then is wonderful because will really speed things along, and he's actually there on a schengen visa at the moment visiting family.

[Directive/2004/38/EC]

http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/ is a case regarding visitors visa verses "immigration visa"

Remember, everything centers around what the EU citizen is doing. You working or being "self sufficient" is key. See http://eumovement.wordpress.com/2011/05 ... a-citizen/

[KarenYucel]

Hi, sorry to seem dim but what do you mean by this:

He can legally work immediately, but it is normally hard to prove. But since he is working for a family member it should be easier to prove.

We sorted out his schengen visa and he is there are the moment, I had to come back to UK to finish sorting out things before going back. He is worried about working whilst I am not there. We have not been able to register our residence yet as we are staying with his family whilst looking for our own flat, and you can only register once you have somewhere permanent to live. As a result we don't have any paperwork. His schengen visa does say that he is family member of eu citizen and doesn't need any other paperwork, but is this enough just in case someone asks.

Thanks again

[Directive/2004/38/EC]

Hi, sorry to seem dim but what do you mean by this:

He can legally work immediately, but it is normally hard to prove. But since he is working for a family member it should be easier to prove.

We sorted out his schengen visa and he is there are the moment, I had to come back to UK to finish sorting out things before going back. He is worried about working whilst I am not there. We have not been able to register our residence yet as we are staying with his family whilst looking for our own flat, and you can only register once you have somewhere permanent to live. As a result we don't have any paperwork. His schengen visa does say that he is family member of eu citizen and doesn't need any other paperwork, but is this enough just in case someone asks.

You are asking very good questions. Very good for you both!

In theory:
You are now both resident in Germany. For the first 90 days, there is no requirement that you (EU citizen) work, but either or both of you can work immediately. So he can go and work for his family (or in theory anyone else).

In practice:
It can feel uncomfortable for your husband to work without something in his hand which says "Arbeit Erlaubnis" (Work permission). In the end I think your husband has a real right to work, but does not have convenient on the spot way of proving it (other than his Schengen stamp). But the nice thing is he is working for his family, and so will have a reduced requirement to "prove he has the right to work".

How long will you be away from Germany? If you are going back in a few days, then he might want to just wait. I personally would likely start working if I were in that situation, but I am sure not everyone would not be comfortable doing so.


Important note: You can (and I think MUST) register ANY address you are living at. When you go back to Germany, go with your husband and register your address with his family. Should not be any problem. You are only saying "where you are presently living". You do not have to make any commitments as to how long you will be staying there. When you move, you then need to send them an update (or may need to go in).