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is it possible she is coming here to visit me and we have one and half month to be together we should apply for visit visa for germany or any other country together as wel travel to europe together do you think it will sort out our problem ???gokulatti wrote:Hi, I understand your frustration and pain. The fact your spouse is polish in Poland. 2004/38 does not apply in your case. Unless your partner makes an effort to move in another member state I am afraid it looks like you are stuck to polish domestic law. It should be noting that it should be more than just "hanging out" in another member state. If I were you, I would consider talking to spouse about moving to another state. Once, It is all set, yes it is possible to get entry visa to other member state and furthermore residence. Help yourself with the forum to find many similar situations to assist you in this regards once you decide to move to another MS. Good luck.
Technically, yes you should be given an entry visa as a family member of EU national visiting Germany (free movement of polish visiting Germany). But there has been many cases where the member states have just stalled (months) or even refused the entry visa to the third country national. Some of the preposterous rationale the member states have given in the above cases include marriage conducted solely for the purpose of free movement, Eu national failed to show (or going to) proof of exercising treaty rights etc. This is the world we live in where member state in some cases do not show concern but prejudice unfortunately.FaarzH wrote:is it possible she is coming here to visit me and we have one and half month to be together we should apply for visit visa for germany or any other country together as wel travel to europe together do you think it will sort out our problem ???
If she settle in other member state, you will have rights already by virtue of being a spouse given to you by 2004/38 and the entry and residence is a mere formality. A prior refusal should not be a concern at all to you. A refusal can only happen under certain very strict conditions like public health/security.FaarzH wrote:we both are not aware about settling in other country , do you think if she settle down in other EU state it will help me to be with her ? wont they put refusal that i wont be back or not ?
gokulatti wrote:Technically, yes you should be given an entry visa as a family member of EU national visiting Germany (free movement of polish visiting Germany). But there has been many cases where the member states have just stalled (months) or even refused the entry visa to the third country national. Some of the preposterous rationale the member states have given in the above cases include marriage conducted solely for the purpose of free movement, Eu national failed to show (or going to) proof of exercising treaty rights etc. This is the world we live in where member state in some cases do not show concern but prejudice unfortunately.FaarzH wrote:is it possible she is coming here to visit me and we have one and half month to be together we should apply for visit visa for germany or any other country together as wel travel to europe together do you think it will sort out our problem ???
If she settle in other member state, you will have rights already by virtue of being a spouse given to you by 2004/38 and the entry and residence is a mere formality. A prior refusal should not be a concern at all to you. A refusal can only happen under certain very strict conditions like public health/security.FaarzH wrote:we both are not aware about settling in other country , do you think if she settle down in other EU state it will help me to be with her ? wont they put refusal that i wont be back or not ?
The point is yes you should be given an entry visa when your spouse travels/joins with you unconditionally. But If I were you I would just plan to move to another state and do it proper by not just planning to "visit" Germany but rather move to Germany as is in your case. Because If there is a refusal for all sorts of preposterous reason then I would be apart from spouse during the appeal and even legal process which might take months. Hope for the best, plan for the worst. Here is a suggestion, apply for an entry visa while spouse tries to move to another state by applying for jobs, registering as a job seeker in other member state, get a registration certificate. All this is not mandatory but this is what I would do personally, just trying to help.
this is should give you an idea of documents needed. I can't say how long it will take her to find a job and having job isn't the only way she can also show herself as a self sustained person capable of supporting you and her. The Subsistence can come from you or her or both. basically she needs 1. registration certificate 2. a place to stay possibly in both your names 3. insurance mandatory if self sufficient person 4.proof of exercising treaty rights (mandatory for the actual eea application) 4. Proof of family link-legalizedFaarzH wrote:my wife go germany and she finds job there how long it will take her 2 month 3 month 4 month ? i read she have to stay in germany for 3 months to sponsor me from there ? what are the requirement she have to fulfill ? what documents she needs to apply from germany ? any idea Sir ?
waqasars wrote:Faraz why dont you try a tourist visa for France. Once you will get schengen visa you can come in Germany and apply for residence card.
I know someone who just got Schengen visa from France and applied RC in Germany.
They applied applied the visa as tourist and they also mentioned EU spouse.
waqasars wrote:I agree it is not easy. But if you are applying with good documentation chances are good. Poland should issue you the visa.
Why you did not try family reunification visa for Poland?
gokulatti wrote:this is should give you an idea of documents needed. I can't say how long it will take her to find a job and having job isn't the only way she can also show herself as a self sustained person capable of supporting you and her. The Subsistence can come from you or her or both. basically she needs 1. registration certificate 2. a place to stay possibly in both your names 3. insurance mandatory if self sufficient person 4.proof of exercising treaty rights (mandatory for the actual eea application) 4. Proof of family link-legalizedFaarzH wrote:my wife go germany and she finds job there how long it will take her 2 month 3 month 4 month ? i read she have to stay in germany for 3 months to sponsor me from there ? what are the requirement she have to fulfill ? what documents she needs to apply from germany ? any idea Sir ?
This link should explain in more detail for berlin https://service.berlin.de/dienstleistun ... 121885/en/ also see the " More Information" at the bottom this is where you should start with.
There is no requirement she has to be there for 3 months before she could sponsor you, If she moves to germany then you have the right to live with your spouse from day one. Once she has all the documents you entry visa should technically be given within 15 days.
why was you refused ??? did you apply from pakistan ?waqasars wrote:I agree with Gokulatti that Prior rejections have no legal consequences for a genuine marriage.
@FaarzHFirst of all i don't agree with you that Europe don't give visit visa to spouses. My wife is a dutch citizen and she invited me in Netherlands and i got the visa for 4 times. I am here in Germany since the last 4 month and come on visit visa ( Issued by Netherlands) and got my residence card in Germany within 3 month.
Before getting schengen visa i have been refused for the 5 times.
So don't lose the hope. My first wife just got the visa from France. I will ask him what sort of documents he attached and let you know.
showed them i got business here i just started this business so far in incubation period nowwaqasars wrote:My visa applications got refused with same reason (intention to leave the country , purpose for justification can not be ascertained) . Even one time they put the visa sticker on my passport and then cancelled.
As i told in my previous post my friend wife just got visa from France.
Do you have job in Pakistan? or Do you have Business. You only need to show strong ties to Pakistan.
it's all blessing of usa visa that results you to get schengen visawaqasars wrote:After getting refusal many times i tried to apply for USA and got successfully. I visited USA for two times. I applied visa from Pakistan and supplied normal documents.
My wife invited me from Netherlands she did not got to other eu country.
I attached my job letter, salary slip, bank statement, cover letter, invitation letter etc. It was normal process and got the visa in 10 days.
Strongly suggest you read the forum rules about re-posting such details, especially when you don't know the poster or the company and they are completely unverified. Unless of course you are affiliated to this company.waqasars wrote:I user posted on forum today. He was suggesting a law company. Please check if they can help you.
That company name is xxxxxxxxxxxxxx and xxxxxxxxxxxx - they speak english fluently, operate in so many cities in Poland and are very friendly and effective!!
You can contact them via their websites: Weblinks removed by moderator
Regards,
Waqas
there are two types of visa short term long term , short term include visitor visa tourist and long term includes family reunion study , if we go with long term then it will takes months to get an answer from them because it's written on their website processing times should take monthsgokulatti wrote:what you apply in pakistan in only an entry visa usually valid for 30 days to come to germany. The actual residence application will be put in germany for which the processing time is up to 6 months.
waqasars wrote:You have to apply for Short term visa. The processing time can take about 15 days.
But if your wife is living and working in Germany you can also apply for long term visa but processing time can be long subject to lengthy verification process.