I am married to an EU citizen, but i came as a student?

[Mala86]

I'm sure my title is confusing, but i'll try my best to explain this with brief timelines...

I have been married for just under a year.
To an EU citizen from Germany..
We met abroad (in a non EU country - my home country/ghana - where he was at mutual friends wedding - mutual friends we have due to both going to school in the uk) and continued our relationship whilst we were both in another non EU country (US) i interning post school (this seemed like 'fate' at the time, to be going away to the same place etc).

Fast forward 6 months intern over, I went home, as I studied fashion applied to do a one year program at a college in italy. Did the whole process, international fees etc, got in, got the visa it took ages but finally here I am.

He is now at home in germany, we've seen each other a few times post the US, pre italy, holidays in the UK were he can go sans visa, and I have a multiple one for, i also had (still do) a schengen c visa for visiting, so we did trips to meet up in paris etc

The marriage happened during this period after the states in my own home country. AFTER I had applied for my D-Student visa for Italy.

Anyways, here I am.
I was just completing the permesso soigornno and there is a section for spouse. All my other documents since being married have me as ''married'' but non have asked for information about my husband.

My question is..
Obviously I should fill out all his details and nationality right?
If I do that, will they ask me why I am applying for residency as a student and not as his wife... ?

What if I do apply as his wife... Will that undermine the fact that i am legitimately a student?

Not forgetting he doesn't live in italy, he lives in germany... Yes he can prob relocate with work in a couple of months, but i hear these things take a couple of months to get in the first place!!

What to do??!

Also, I most definitely want to live with him now, or at least forever after studying

[lifeart]

The easiest thing to do would be for him to join you in Italy. If he is a worker (even if he isn't, in certain circumstances) he would exercise his EU treaty rights in Italy. Therefore you, as his wife, would also have those very same rights.
I do not see how your present status, or eligibility for it, would be influenced by your being married if he lives in Germany and you in Italy. That would change if and when he moves to Italy, because (see above) then your status would change automatically. You still would have to get the Carta di Soggiorno for a family member of an EU citizen (NOT permesso in this case) but that is only an official acknowledgement of your rights as the spouse of an EU citizen exercising treaty rights in Italy.

[Mala86]

Thanks for your quick response!!
So steps..
- Do as I planned, complete permesso form as student (leave his details out of it - as he does not live in italy).

- Make him move here, not too hard as company has various locations.

- Go to the post office for a new form, Carta di Soggiorno and complete that as a spouse.

--- WAIT.

Ps:
Can I do the latter whilst waiting for my permesso? its just i hear it could take up to three months and stuff? Or will it be confusing to have two applications asking for different things at the home office?

- I will look up the Carta di Soggiorno and the rights it may give us.

Thanks again lifeart for taking the time.


I would appreciate any tips / advice from anyone who's gone through this!!

[lifeart]

Sounds about right. Except: do NOT leave his details out of your application, that will give you grief later when you apply for the EU-carta di soggiorno based on your spouse's sponsorhip of you. No need to leave out anything here. You are married and you need to indicate that, regardless of where he lives. Also, you can only apply for the carta (EU-residency for you in Italy) when he is actually there with you. Careful: it is the permesso that you apply for through the post. For the carta (yours) you AND your husband need to apply together at the Questura. Before that he and you need to register at the Anagrafe office for residency. There may be some other steps before you can apply for the carta, I am not certain. Best to inquire what papers and docs that particular Questura wants. Make sure that they understand that you will be applying on the basis of being the spouse of an EU citizen exercising treaty rights in Italy.

[Directive/2004/38/EC]

If you are married, you should definitely put in the details of your spouse. You are still applying for a student visa, and having an EU spouse (who you are not presently living with) does not change your application.

If you do not list them, then it may raise some issues about the legitimacy of the marriage.

Note that any time you are traveling with your spouse within the EU, for instance to the UK or France (or anywhere other than Germany), then you do so with the same free movement rights as your husband. Be sure to carry your marriage certificate when you do as documentation of the relationship.

Long distance relationships suck. I hope you get to be in the same place soon!

[Mala86]

thanks for your replies!

i have applied and i am getting a permesso as a student, as it is only for a year, i think i will have to move to germany to join him as his spouse and see if i can convert it to their equivalent of a permesso for family, as it may be harder for us to prove our joint financial independence if he is a new resident.

have a lot of immigration reading to do..

any advice will be appreciated, i know the rules exist for good reasons, but at times like this.. i want a hole to crawl under, i guess i am lucky to have a very patient husband, but its almost just anti cross cultural marriages. our friends who can just -be together- don't know how lucky they have it.