EU Family Permit for Germany & uk and expired schengen v

[redridinghood]

Hi there

I am married to a British Citizen and as he doesn't satisfy the financial requirement at present so to apply for a visa for me to be with him in the uk, we decided to go via the Surinder Singh route, exercising treaty rights in Germany and then return in a few months. He is currently still in the UK, however I left the UK in June when my visa expired and have been in germany for the last 2 months.

My husband is planning to join me in a couple of weeks now, however my schengen visa expires 2 weeks before he finishes up at work and comes. I have also made an appointment at the Berlin Immigration Office for a EU family resident card, however, the earliest appointment is a month after my visa has already expired.

I had a few questions in relation to this.

Does it matter that I was here before him for 3 months whilst we figured out what we would do, and I had no choice but to leave after my visa expired? We didn't travel together.

I read that making the appointment before your prior visa expires is sufficient, is this correct? My worry is having an a record of overstaying a visa having an effect later on

Would it be possible to just go into the immigration office as soon as he arrives to apply for this permit without an appointment and wait. And does this permit to allow me to work ?

Is there the family permit and a seperate residency card?

My other worry is having to register an address together before the appointment as it may take some time to find a place..
And he is likely to go back to his old job in the UK in a few months so we probably won't get a permanent place, is a sublet agreement with both our names on it and a joint bank account in Germany sufficient to show we lived together?

Does he also have to have a job/savings before I can apply for the family permit? The form seems to ask that and for payslips, but my visa will have expired so there is no time and I believe he will be covered for the first 3 months on the EU card for healthcare so will I be also or need to have health insurance also?

Any advice would be greatly appreciated, the german webpages I have googletranslated are not very clear.

Many Thanks

[EUsmileWEallsmile]

Presumably your stay in Germany is on your own account right now. I would not encourage anyone to deliberately overstay their visa as it may have repercussions later.

If your husband arrives in Germany the day your visa expires or before, then it is no longer an issue. He would be expected to be exercising treaty rights after the first three months' residence. For his first three months, he simply needs to have a valid passport. He is entitled to have his family members with him. Having come to Germany, he can return to complete his UK formalities and come back again.

[redridinghood]

Presumably your stay in Germany is on your own account right now. I would not encourage anyone to deliberately overstay their visa as it may have repercussions later.

If your husband arrives in Germany the day your visa expires or before, then it is no longer an issue. He would be expected to be exercising treaty rights after the first three months' residence. For his first three months, he simply needs to have a valid passport. He is entitled to have his family members with him. Having come to Germany, he can return to complete his UK formalities and come back again.

Thanks for your response

By the time he arrives I will have overstayed the 90 days, 2 weeks

Would they possibly extend my tourist visa by a few weeks if I went in alone now? The appointment I have is a month after my visa has expired, there were no earlier ones when I went to book but as soon he arrives we will go in and wait to see if we can apply.

Will he have to have an address registered immediately? If so I will make an appointment for the day he arrives

The only other way I could avoid overstaying is to leave schengen and then arrive with him

Many thanks

[EUsmileWEallsmile]

Like I said, get your husband to visit you before the time is up. That would be considered the start of his exercising treaty rights in Germany. A short visit would count. Keep evidence such as flight boarding cards.

The address can be the place where he is staying, hotel for example.

[redridinghood]

Like I said, get your husband to visit you before the time is up. That would be considered the start of his exercising treaty rights in Germany. A short visit would count. Keep evidence such as flight boarding cards.

The address can be the place where he is staying, hotel for example.

Thanks, I went to the immigration office today and they said they could extend my visa by 2 weeks but I will have to go in the day it expires and that we will have to go in by the end of the 2 weeks and we must have a registered address together to be able to apply for the permit then..

[Directive/2004/38/EC]

Is there another thread on this forum by either you or your husband?

[redridinghood]

Is there another thread on this forum by either you or your husband?

No there isn't?

Do you have any idea about the amount in savings he would be required to have for me to get the family permit seeing as he won't be employed as soon as he arrives?
Can I put my savings toward it too?

Many thanks

[Directive/2004/38/EC]

Is there another thread on this forum by either you or your husband?

No there isn't?

Do you have any idea about the amount in savings he would be required to have for me to get the family permit seeing as he won't be employed as soon as he arrives?
Can I put my savings toward it too?

Many thanks

The Eu citizen does not have to have a job or any savings in the first 3 months when residing in a host member state. And the family member just needs to be a family member.

[redridinghood]

Is there another thread on this forum by either you or your husband?

No there isn't?

Do you have any idea about the amount in savings he would be required to have for me to get the family permit seeing as he won't be employed as soon as he arrives?
Can I put my savings toward it too?

Many thanks

The Eu citizen does not have to have a job or any savings in the first 3 months when residing in a host member state. And the family member just needs to be a family member.

The lady at immigration told my german friend he would need to show adequate savings but she said she didn't know how much so I'm a but confused, this might be for the residence card? Can I work with the family permit? Thanks

[EUsmileWEallsmile]

For first three months, EU citizen does not have to do anything.

Post three months, must be a worker, self-sufficient or a student.

[Directive/2004/38/EC]

As the family member of an EU citizen, you have exactly the same right to work as the EU citizen. Push hard on them. They should immediately issue you proof of your right to work, but you may need to push.

[redridinghood]

Thanks, the lady at the immigration office gave me a sheet of paper stating what i needed to bring and it said account statements showing funds/job offer from employer so I will have to have printouts stating this I think

[redridinghood]

I got my 6 month visa

Have done some research on the German tax system and there is a tax free threshold of about 8000 euros. Does anyone know how that would affect Surinder Singth and the requirement that my husband pays tax in another EU country if he won't be taxed for the first 8000 euros? How would you get around this threshold?

Thanks

[Directive/2004/38/EC]

I got my 6 month visa :)

Have done some research on the German tax system and there is a tax free threshold of about 8000 euros. Does anyone know how that would affect Surinder Singth and the requirement that my husband pays tax in another EU country if he won't be taxed for the first 8000 euros? How would you get around this threshold?

Thanks

What exactly do you want to "get around"?

[Jambo]

I got my 6 month visa

Have done some research on the German tax system and there is a tax free threshold of about 8000 euros. Does anyone know how that would affect Surinder Singth and the requirement that my husband pays tax in another EU country if he won't be taxed for the first 8000 euros? How would you get around this threshold?

Thanks

There is no requirement to pay tax under Surinder Singh. You need to have a genuine job which is liable for tax but there is no requirement that you actually pay tax if the tax laws exempt you from paying it. No tax could just mean tax with a zero rate.

[redridinghood]

I got my 6 month visa

Have done some research on the German tax system and there is a tax free threshold of about 8000 euros. Does anyone know how that would affect Surinder Singth and the requirement that my husband pays tax in another EU country if he won't be taxed for the first 8000 euros? How would you get around this threshold?

Thanks

What exactly do you want to "get around"?

I thought it was a requirement you had to pay tax in the EU country so was wondering if there was a way to get around the threshold and pay tax

[EUsmileWEallsmile]

Paying tax and working are two separate issues. The requirement of Singh is that you work. The requirements of the host member state wrt tax would be up to that state.

[Directive/2004/38/EC]

Working is the requirement for Singh.

Tax is a totally separate thing, although usually you will end up paying tax if you earn over some threshold in a year.

[redridinghood]

Can anyone tell me whether my husband can accept a freelance job for the first 2 weeks to count towards the 3 months of employment or does it have to be the same job continously for 3 months? He will bill the company and be paid, the work going until the end of the month, will give time to look for another job. Thanks

[redridinghood]

Hi there

Was looking at the application form for the EU Family Permit for the UK and had a question re filling it in and supporting eveidence.

There is a section entitled 'Family and friends' asking you to list relationships and asking 'What you plan to do in the uk?'
Can you write n/a under the EU Directive or would you have to list a few close friends?
Any advice on what to write would be greatly appreciated.

Also there is a section asking how long you intend to stay?
I would like to stay indefienetly with my husband but not sure how detailed to make the response about future plans.

Also with supporting evidence, do I have to provide bank statements? I was self employed but receieved payments in cash.

At this stage would we need to provide photos and evidence of communication, seeing we live together and see each other every day?

My husband is self employed too but he received payments into his bank account so we will provide, receipts/invoices and pictures and time spent on the work. The self employment spans nearly 13 weeks in total, and 12 weeks at biometrics/application submission and he will have another job after we submit the application so would a letter from the client asking for him to do the work and details as supporting evidence be suffice?

Many thanks