German Residence Permit for Thai wife of UK Citizen

[beano2274]

Thought I would share this with people who might be looking to get their Thai wife a Residence Permit for Germany or another Schengen country when the husband is not a Citizen of the country in question.

About myself - British, self employed Project Manager currently working in Munich for a Telecommunications Supplier, where the customer is one of the main Mobile operators in Germany and other European countries.

Wife came here on a Tourist visa, this was gained using the Married to a EU National method.

The first thing we had to do was get registered at the Buergerburo, which is where all aliens (people not from Germany) have to register themselves with an address, we did this quite easily nothing was required just both our passports.

The second step was to go to the Kreisverwaltungsreferat (used to be the Auslaenderamt), here we required both our passports, the registration documents from the Buergerburo, a translated copy of our marriage certificate (done by MFA in Bangkok and the British Embassy in Bangers), details about my work and proof of sufficient funds as well as the completed form with photo. At first after getting a number and it being called we entered the room, the lady inside was very nice and informed us that we would have to make an appointment the earliest one being in January, she asked us to wait outside so she could type up the appointment letter, after a few minutes she called us back into the office and said she would do it for us now, we think she did this as my wife had been in Germany for about a month and had only 60 days from the first 90 left. Anyhow she did all the documentation and I was asked to pay the fee of 28.80Euros, my wife's fingerprints were taken and a receipt given to us, we were told to check the internet for the date when we need to pick it up.

A note of interest, the woman in the office told us we could have got it done in Bangkok, however, the Embassy there is well known for not being very helpful, but I informed her that we got the visa for a trip to Italy but this got cancelled as I got this job in Germany.

Another bit of interesting information was that my wife was told she could work here when she receives her Residence Permit, you automatically get a Tax Number when you register at the Buergerburo.

[Skint]

I'm in the same boat, next year I will be doing the same. How long was the process start to finish? Total cost? What you describe looks rather easy compared to uk visa, can your mrs also apply at embassy in Germany for a uk tourist visa?

[beano2274]

You can get the Registration at the Buergerburo done within one day, the week after is the best bet for visiting the KVR as the computer systems need time to update all the details.

Total price - Residence Permit 28.80Euros, Registration at Buergerburo - free, translation of Marriage certificate at MFA and Certification at British Embassy - cannot remember but prices on Embassy website.

She already has a UK Visa, but she can apply from Germany when she receives her Permit.

[Skint]

Is it a residence uk visa? Did she apply as if she was coming from uk or Thailand? Just wondering if having a uk visa eliminated paperwork.

[beano2274]

no she has a UK Visitors visa.

[bifftastic]

So, just to be clear, your wife has a UK Visit Visa, then got a Schengen equivalent (which was originally for Italy, presumably from the Italian embassy in Bangkok?) Plans changed, you got the job in Munich and she came with you.

Because of your status, employed in Germany, she now qualifies for a residence permit which allows her to live and work in Germany too?

And, possibly, because of her residence permit in Germany, she would also qualify for a permit for the UK, under the EEA family route?

[beano2274]

As far as I know she must have the residence permit for 2 years to be able to go to the UK without me needing to do all the crap about settlement visa if I wanted to.

[Bastian]

Your wife does not have a residence permit for Germany, as you are not German, but she has a residence card for family members of EU citizens.

The residence permit costs about € 100 and requires the spouse to show A1 language proficiency and is valid for a maximum of three years.

The residence card costs a maximum of € 28.80, does not come with any language requirements and is valid for five years.

Also, as your wife she can take up employment immediately, regardless, whether she already has been issued the residence card (even though employers may insist, she show them her card first).

If you move back to the UK after some time in Germany, you can take advantage of the less strict rules for EU citizens and their family members. Certainly after two years, maybe earlier.

[7by7]

As far as I know she must have the residence permit for 2 years to be able to go to the UK without me needing to do all the crap about settlement visa if I wanted to.

If you move back to the UK after some time in Germany, you can take advantage of the less strict rules for EU citizens and their family members. Certainly after two years, maybe earlier.

To qualify to return to the UK under the Surinder Singh ruling, you need to have been living and working, employed or self employed, in Germany and she living there with you. There is no specified minimum time you must have been doing so, but you are unlikely to succeed if it has been less than three months.

This is because you will need to show that you were either employed there (other than on a transient or casual basis), or had established yourself there as a self-employed person.

See Para 2.5.1 of this document.

This is, of course, not just applicable to non EEA national family members of British nationals, but non EEA national family members of all EEA nationals in the same circumstance.

[beano2274]

wife got her Residence card and was told when she goes back to Thailand for a holiday she does not require a visa to return here which is great news. Also the bit about going to the UK is an extra bonus if I get another job there.

[geordiel]

Iam a UK citizen and am expecting soon an offer of employment in Germany. If so, I would like to bring my Thai wife and 2 kids from Thailand to join me.

I was told by the German embassy that I must first apply for a national visa. The application form states the need for German translations. I have already had all Thai documents translated and certified by Ministry of Foreign affairs in Bangkok and would hate to go to the great expense and inconvenience of redoing these in German.

Has anyone been this route with English translations? Below is the reply from the German Embassy

Dear Mr. XXXXXXX

thank you for your inquiry.

There is no special application form for visa application under the directive 2004/38/EC (in Germany: Freizügigkeitsgesetz). Just use our application form for national visa, which is available under the following link:

http://www.bangkok.diplo.de/Vertretung/bangkok/de/08/0-Visabestimmungen.html (Please see: „Wo finde ich die Antragsformulare”, „Antragsformular für Aufenthaltsgenehmigung“)

Kind regards

[Skint]

Iam a UK citizen and am expecting soon an offer of employment in Germany. If so, I would like to bring my Thai wife and 2 kids from Thailand to join me.

I was told by the German embassy that I must first apply for a national visa. The application form states the need for German translations. I have already had all Thai documents translated and certified by Ministry of Foreign affairs in Bangkok and would hate to go to the great expense and inconvenience of redoing these in German.

Has anyone been this route with English translations? Below is the reply from the German Embassy

Dear Mr. XXXXXXX

thank you for your inquiry.

There is no special application form for visa application under the directive 2004/38/EC (in Germany: Freizügigkeitsgesetz). Just use our application form for national visa, which is available under the following link:

http://www.bangkok.diplo.de/Vertretung/bangkok/de/08/0-Visabestimmungen.html (Please see: „Wo finde ich die Antragsformulare”, „Antragsformular für Aufenthaltsgenehmigung“)

Kind regards

You will need to get the docs translated to German otherwise they will not look at them.

[Donutz]

As a EU citizen working or living in an other EU country (or when traveling to an other Schengen member state then the one you have nationality off) direct family such as the spouse and children can get a free visa. In this case the OP and Geordiel can get a free visa to Germany (EEA/EU visa) which should be granted fast and with minimum requirements, the mariagecertificate (for spouse) and birthcertificate (for children) legaized by the Thai MFA plus a translation (also legalized) in a language that the embassy accepts should be sufficient.

Once you arrive in the EU nation other then the one you hold nationalitiet of, your non EU family can apply for residence aslong as they are no unreasonable burden on the state (read: you are not relying on social security etc. but self sufficient), there are no requirements to pass or follow language classes or tests etc. After about 3 months you could even move back to your own country (do NOT hand in the German residence card even if incompetent officials may ask you to return it, it's still valid!) and the non-EU family members would still enjoy the rights granted to them under the freedom of movement act there residence permit should clearly state that they are a family member of a EU/EEA citizen.

Various sites/forums may explain this route, known as the "EU route" or "EEA route" (Belgium route, German route, Spain route etc.) in more detail. Proper preperation is important. I myself an unfamilier with the details of the EU route. (Brits may also know it as the Surinder Singh Route??).

Edit: I know one handbook in English on the EU/EEA route, in this case the "Belgium" route (for Dutch). The basics layed out do apply throughout the EU though:

http://www.buitenlandsepartner.nl/showthread.php?50938-Belgium-Route-handbook

Edited March 29, 2014 by Donutz

[Donutz]

I've read some Dutch texts on the German route and in essence you need to do the following:

1)

- the non EU/EEA famliy member (spouse etc.) can apply for a Schengen C visa to Germany, joining the EU national on a trip to Germany. This visa should be granted free, swiftly and with minimum hassle. Passport + marriage certificate + possilby a translation should be sufficient, ofcourse all documens properly legalized. In rare cases a D visa may be required.

Ofcourse you could also decide to apply at an other Schengen embassy for the free visa (aslong as it'sfor a visa to the country that you are a national of). I suspect not all embassies are either comptent or willing to grant a free visa for non EU/EEA familymembers, do consider writing formal complaints to various authorities.

More info on translation and legalisation for use with German authorities: http://www.auswaertiges-amt.de/EN/Laenderinformationen/01-Laender/Konsularisches/UrkundenverkehrTeilB_node.html

2)

- After arriving, the spouse applies (at the cost of 8 euro's) for ressidence and registers with the local townhall. The spouse will need the passport, marriage certificate, evidence that shows that (s)he is living with the EU national. In some cases they wish to see the visa too or a birthcertificate, even though strictly they are not neccesary. You will also need to get national healthinsurance.

2b):

- The non EU resident will receive a "aufenthaltskarte Freizugigkeit/EU". This is a residence card (in German: "aufenthaltskarte" ) given to non EU family members who remain in Germany on the basis of EU rights. EU ressidents will receive a card or paper that states they reside in Germany on basis of EU regulations, called a "freizugigkeitsbescheinigung". This is handled by the Auslanderbehorde but often the townhall will be able to forward all documents to the Auslanderbehorde. "Freizugigkeit EU" means the right to move freely throughout the EU: the EU right of freedom of movement, employement etc. within the European Union.

See also: http://service.berlin.de/dienstleistung/324282/en/ and http://en.wikipedia.org/wiki/German_residence_permit

Dedicated migration forums/sites on "Family Reunification residence permits to join EU/EEA relatives in Germany" should be able to provide a detailed guide of what you need to know, do and what you most certainly are not required or adviced to do.

Edited March 29, 2014 by Donutz

[geordiel]

Many thanks for the replies and info. From the German Embassy ... I do need certified German translations. Other than that it seems fairly straight forward. Just waiting for job confirmation now.

I've read some Dutch texts on the German route and in essence you need to do the following:

1)

- the non EU/EEA famliy member (spouse etc.) can apply for a Schengen C visa to Germany, joining the EU national on a trip to Germany. This visa should be granted free, swiftly and with minimum hassle. Passport + marriage certificate + possilby a translation should be sufficient, ofcourse all documens properly legalized. In rare cases a D visa may be required.

Ofcourse you could also decide to apply at an other Schengen embassy for the free visa (aslong as it'sfor a visa to the country that you are a national of). I suspect not all embassies are either comptent or willing to grant a free visa for non EU/EEA familymembers, do consider writing formal complaints to various authorities.

More info on translation and legalisation for use with German authorities: http://www.auswaertiges-amt.de/EN/Laenderinformationen/01-Laender/Konsularisches/UrkundenverkehrTeilB_node.html

2)

- After arriving, the spouse applies (at the cost of 8 euro's) for ressidence and registers with the local townhall. The spouse will need the passport, marriage certificate, evidence that shows that (s)he is living with the EU national. In some cases they wish to see the visa too or a birthcertificate, even though strictly they are not neccesary. You will also need to get national healthinsurance.

2b):

- The non EU resident will receive a "aufenthaltskarte Freizugigkeit/EU". This is a residence card (in German: "aufenthaltskarte" ) given to non EU family members who remain in Germany on the basis of EU rights. EU ressidents will receive a card or paper that states they reside in Germany on basis of EU regulations, called a "freizugigkeitsbescheinigung". This is handled by the Auslanderbehorde but often the townhall will be able to forward all documents to the Auslanderbehorde. "Freizugigkeit EU" means the right to move freely throughout the EU: the EU right of freedom of movement, employement etc. within the European Union.

See also: http://service.berlin.de/dienstleistung/324282/en/ and http://en.wikipedia.org/wiki/German_residence_permit

Dedicated migration forums/sites on "Family Reunification residence permits to join EU/EEA relatives in Germany" should be able to provide a detailed guide of what you need to know, do and what you most certainly are not required or adviced to do.