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Surinder Singh - German Route

Posted: Mon Apr 04, 2016 7:57 pm
by outofstep
Hello,

I'm sorry if this question has been answered, I'm new to posting at this forum, but have gotten a huge amount of invaluable information from it.

Here's my situation:
I am a British Citizen, married to a US Citizen. We have been together for nearly 3 years and married for 6 months. We got married in America and are both currently there.

We want to settle permanantly in the UK. We are looking at doing the Surinder Singh route via Germany as I have had a couple of job interview offers, which will hopefully turn into a job that will be waiting for me when we arrive.

Will this overstay affect his arrival in Germany?

And I'm having trouble trying to find a straightforward guide on what we need to do before we get to Germany and once we arrive.

So far, through my months of research, I have found that he doesn't require a visa (Schengen or otherwise) as there is an agreement between Germany and the US. Is this true? I also found that the steps we need to take once we arrive are:

1. Register with municipality immediately.
2. After I have started work and gotten us both health insurance, I can apply for his residence card, or Aufenthaltskarte für Familienangehörige eines Unionsbürgers.
3. Once we have this and I've been working for 6 months, we can apply for the EEA Family Permit.
4. Once this arrives, we can go to the UK and immediately start applying for the EEA2 so he will have residency in the UK.

Are there any steps that I have missed? And will he be able to work when we arrives in Germany, or will he have to wait for the residency card? I understand that the EEA Family Permit is mostly free, but does anyone know how much the EEA2 is?

Thank you so much to whoever can help me.

Re: Surinder Singh - German Route

Posted: Mon Apr 04, 2016 11:08 pm
by noajthan
This may be of interest:
http://www.immigrationboards.com/europe ... 03337.html

Get up to speed on free movement:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Country guide - includes Germany:
http://britcits.blogspot.co.uk/2014/10/ ... guide.html

#3 make sure you move your 'centre of life' to Germany.

#4 EU law does not specify a timeline for Surinder Singh-ers; EU case law suggests 3 months or more.

However, the somewhat controversial UK 'centre of life' wrapper on the pure, clean EU treaty rights is being enforced more and more strictly these days.
So in terms of timelines (from UK perspective, where HO plays hardball) its stay out the longer the better really.

btw - there is no EEA2 anymore it's now a RC. Cost £65 (plus biometrics fee for non-EEA nationals).

Re: Surinder Singh - German Route

Posted: Mon Apr 04, 2016 11:23 pm
by outofstep
Thank you so much for the reply!

I've read a lot about how the center of life requirements are really strict, so that's why we're planning on staying out there at least 6 months.

I wanted to double check something as well, is it right at US citizens dont need a visa to enter Germany? The information on Schengen visas for Americans was a bit confusing, but from what I understand, there's an agreement between Germany and the US, so he wouldn't need to actually apply for a Schengen visa.

Thank you again for your help.

Re: Surinder Singh - German Route

Posted: Mon Apr 04, 2016 11:30 pm
by noajthan
outofstep wrote:Thank you so much for the reply!

I've read a lot about how the center of life requirements are really strict, so that's why we're planning on staying out there at least 6 months.

I wanted to double check something as well, is it right at US citizens dont need a visa to enter Germany? The information on Schengen visas for Americans was a bit confusing, but from what I understand, there's an agreement between Germany and the US, so he wouldn't need to actually apply for a Schengen visa.

Thank you again for your help.
Yes, you are good to go.

https://en.wikipedia.org/wiki/Visa_requ ... s_citizens