Non EU spouse moving to Germany

[waqasars]

Me and the wife are planning to move to Dusseldorf, Germany for the next few years.

I hold an Pakistani passport, she holds Dutch.

I understand that we can move there as a part of her exercising free movement rights.

However, there are some requirements for me to acquire a German Residence Card.

First of all, we're both self employed, we run online businesses together and therefore have reasonable cash flow to make the move and set ourselves up in Germany to continue our work.

So far, the procedure seems to be:
1. Acquire regular Schengen tourist visa.
2. Go to Germany, rent a house in Dusseldorf
3. Register the rental contract with the local town hall, get a certificate of some sort
etc.
4. Then go to the foreign office and try to acquire a residence card.

I have few questions which are given below.

1.Can i apply for residence card during first 90 days ( She will exercise free movement rights as job seeker).
2. What is the process time for residence card application now days?
3.I have Marriage certficate in English+ Urdu ( Attested by Forgien Office and Dutch Embassy). Do i need german translation of marriage certificate?
4.If i apply the residence card during first 90 days. Can they ask for Health insurance and Employment contract?
5. Which one is the best city for quick processing of application?

Please advise.

[emmasu]

Id like to know myself as well as we are planing to move to Germany. From what i know, u got the initial procedure. Rent, register and then apply for the residence card. I believe u should get health insurance before u apply for the residence card.

[mgb]

1. yes
2. It depends if the foreigner office have to process a lot of refugee applications
3. Normally no
4. No, but some foreigner offices simply wait 90 days or nearly the full 6 month and ask than. They have max 6 month to handle such a application.

[waqasars]

I went to foreign office in Dusseldorf and he made a new appointment and asked for the following documents.

1.Passport
2.Bio metric picture
3. Marriage certificate translation
4.Birth certificate translation
5.Anmeldung (on both of us name)
6.Wife work contract + Insurance.

He should lodge my application for RC and not ask for insurance and work contract during first 90 days as she is exercising her treaty rights as a job seeker.

I never heard about birth certificate for the RC application of eu spouse.

If she is having a job offer from Dubai (Working Remotely) , Will they accept this kind of work contract?

[mgb]

Take a look at the german Freedom of Movement Act about the documents.

https://www.gesetze-im-internet.de/engl ... html#p0078

[waqasars]

Hi Mgb,

If she is having a job offer from Dubai (Working Remotely) , Will they accept this kind of work contract? We will pay the income tax and insurance as per law.

[mgb]

If the employer is based outside of the EU without branch office in the EU she cannot be worker in Germany.
In my opinion maybe self employed if she has to pay taxes in Germany.
Self sufficient with additional health insurance for both is a other possibility.

[pashag]

Does anyone know what the self sufficient minimum requirements are for the EU spouse?

Also if the source of income saved is from outside of Germany.. for what duration should the bank statements cover?

[waqasars]

There is no minimum saving defined as per law. I guess it should be minimum income as per holiday wage act.
Minimum income X 5 years.

When i visited immigration office and ask about minimum income as worker. He said it should be 1000 euro net for a couple.

So for 5 years it will be 60,000 per month.

[gokulatti]

Read this,

europe-immigration-forum/european-union ... 28453.html

[pashag]

I have seen that webpage but I do not see anything specific to Germany and I am confused about the period of self sufficiency that needs to be declared. Do annual statements need to be shown or can monthly statements be shown covering a period of 6 months......?

[gokulatti]

You do not need to show specifically a bank statement. The kind of proof is solely at your discretion. At the end of the day, you only need to document that you can live there in Germany along with your family member without being a burden to the state i.e. relying on social assistance and also Health insurance for you and family member. If you do not find a benchmark income requirement, you can use the lowest pension scale as a benchmark. you would probably need to show you have this funds for a year. If show this in terms of savings then a bank declaration letter stating on this day xx you have yy amount not necessarily a bank statement. If you show this by means of income generated by other means say income from property, then the respective documentation. You should note that, they cannot refuse an application just because you dont have xxx funds. good luck.

[waqasars]

I can tell you that the German authorities are allowed to request financial proof of foreigners who want to live in Germany. This is not something that only the German authorities do, but is the standard procedure in every EU country whenever foreigners apply for residence.
This is governed by the EU Directive 2004/38/EC on the right of EU citizens and their family to freely move and reside in another country. You can find the Directive in full here: http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

According to Art. 7, the right to settle down in another EU country is conditional on either being (self-)employed or at least having sufficient personal financial means so that you do not have to rely on the welfare benefits of the host country. This is a mere formality, though. You can, for example, provide a balance sheet of your bank account. Also, the German government has clarified that the threshold is very low: all that you need is a personal income that exceeds the minimum social welfare benefit in Germany so that you can support yourselves from your savings.

This compulsory income check never applies to EU foreigners who already have a job or are self-employed.

[waqasars]

Local Ausländerbehörde Can give exact information.