Dependent Ascendant

[fft100]

What exactly is a Dependent Ascendent ? It would avoid having to fill in quite a few fields in the Schengen Area visa form.

My situation is that i have lived in Thailand for 2 years. Thai driving license, some land, some properties. I have a girlfriend i have known for nearly 3 years. We have lived full time together in Thailand for 2 years, and before that, when i lived / worked in Germany, she came twice to see me in Germany for 1 month each time.

We have a 5 month old Daughter, born in Thailand, who now has a UK passport ( I am British). I am listed on the birth certificate as the father.

I have been offered a 6 month contract back in Germany at a bank i have worked previously for. I would like to get a 6 month schengen area visa for my girlfriend, so that she, and the baby, can come to Germany for 3 * 1 month periods during the 6 months.

So, does having a baby together make my girlfriend a Dependent Ascendant, and does the babies birth certificate prove that ?

And, is there anything i should think of before approaching the German Embassy.

Many Thanks

[the scouser]

I would interpret "dependent ascendant" as being a dependant in the ascending line; e.g. mother, father, grandparents etc.

In your case, for how long have you been living together with your girlfriend? If it is for a sufficiently long period, your relationship may be classed as "durable" in which case she could benefit from a free visa for Germany, on the basis that she is in such a relationship with a citizen of another EEA country, and this could then be converted free of charge to a residence permit, once in Germany. I don't know what the definition of a durable relationship is in German law, but in the UK it is living together in a relationship akin to marriage for 2 years or longer. Alternatively, if you were to be married, your girlfriend would again qualify for the free visa and residence permit for Germany.

There is a European Court of Justice judgement in the case of Chen which establishes that a child is as equally entitled to exercise his/her freedom of movement rights as an adult, and that the child's primary carer has an entitlement to accompany him/her, irrespective of the carer's nationality. So, in theory, you could present your child as a British citizen with an entitlement to freely move to Germany and your girlfriend as her primary carer with an entitlement to accompany her. However, I think this is overly complicating what could otherwise be a straightforward application.

Scouse.

PS. The Chen judgement also found that a parent cannot be classed as being dependent upon his/her child, so your girlfriend cannot be classed, in this instance, as a dependant in the ascending line.

[the scouser]

If you wish to contact the German Ministry of the Interior in order to establish exactly what constitutes a "durable relationship", their e-mail address is:-

[email protected]

Scouse.

[fft100]

Many Thanks for that. I hadnt realised that 2 years qualified for a Durable Relationship - and that appears the best approach for the UK Visa. Have contacted the German people and will pass back any info i get.