Führungszeugnis for RC - Spouse of EU

[pashag]

Hello

Please can somebody assist with the following query:

Background:

Location: Düsseldorf
Myself - UK/EU citizen (guess as to how long that will the the case with Brexit!)
Spouse - Non EU citizen. In Germany on Schengen visa as spouse of EU citizen.

We visited the Ausländerbehörde today to enquire about my wife's first RC application requirements. My wife currently has a validity of 2 weeks left on her Schengen visa and I have just been offered a job in Düsseldorf. The staff at the office gave us an appointment date of the first week of October to review and apply for the Residency Permit. When asked about my wife's Schengen visa expiring, they informed us that it didn't matter as we now had an official document confirming an appointment time. They also stated that the appointment was in October as they had to apply for a Führungszeugnis (Police character certificate).

Questions:

- Is it standard procedure to request a Führungszeugnis for someone who has only been in Germany for a month? I was under the assumption that it's mainly used for permanent residence after 5 years, not the initial application of residence.

- If it is standard practice, can we simply not expedite the process by applying for it directly ourselves?

- Will the Schengen visa expiring before we have the appointment adversely impact my wife's application?

Any assistance would be appreciated!

[waqasars]

Normally they dont require police certificate for RC application. It is very strange they are demanding this.
Passport, photo, Marriage certificate, Employment letter, Payslip, Health insurance these are the major requirements. They should not ask any further document.

- Is it standard procedure to request a Führungszeugnis for someone who has only been in Germany for a month? I was under the assumption that it's mainly used for permanent residence after 5 years, not the initial application of residence.

It is not a standard procedure. I just got my RC before 2 month and they did not ask for Führungszeugnis.


- If it is standard practice, can we simply not expedite the process by applying for it directly ourselves?

Please visit the following link for detail answer.

https://www.bundesjustizamt.de/EN/Topic ... _node.html


Will the Schengen visa expiring before we have the appointment adversely impact my wife's application?

If you have ongoing appointment then Schengen visa will not have any impact. Did they issue you stamp & signed appointment letter?

[gokulatti]

Schengen visa expiring has no legal consequences as a family member of an EEA citizen as long as YOU are registered with the authorities at least on or before the first 3 months. I would advise you to report your presence nevertheless. If YOU have right of residence (i.e. after 3 months say as someone working) in germany, inevitably your spouse also has derived right of residence. The permit is a mere confirmation of this right and the German authorities are not the one granting this right but it is the EU treaty which grants this right i.e. "directive 2004/38". what the authorities said is right, it doesn't matter not because you have a document confirming appointment time but because of what is above. Unless you have an emergency or mitigating circumstances there really isn't anything you can do to expedite the appointment date ahead. The only thing your wife might have hurdles (random questions) with is when travelling outside Germany, but if you have your marriage certificate and she is travelling with you to other member state that is also possible. I suggest you not to get stressed out and enjoy the life in Germany

P.S Police Clearance certificate is not required. maybe the case worker is new. You only need marriage cert legalized if its from EU, apostilled if it is from outside EU. Proof of exercising rights i.e work contract/pay slip. rental contract, private health insurance if relevant.

[pashag]

Thank you for the replies.

FYI: We registered in Germany the very first week that we arrived, which was around a month ago.

So the next course of action:

Is it advisable to visit the Ausländerbehörde again without appointment and this time speak to them seeking clarification about their requirements?

I'm not too keen on shoving EU Directives down their throats, but if I can subtlety ask them if I personally can pay 13 Euros and apply for the certificate myself (getting it quicker), then perhaps they can catch on to the idea that it is not a requirement. What do you think?

Is a payslip a listed requirement? The work contract that I have starts on 1st August. Is this enough to apply for the residence permit? If it is, I can ask them to reschedule the appointment to August, or early September (I should have my August payslip by then). It saves on waiting for October.

Thanks for the help guys.

[gokulatti]

Take this as your reference, it is for berlin, https://service.berlin.de/dienstleistung/324282/en/

Police certificate is not even required. Show this to them. A work contract is more than sufficient, Even if it starts on Aug 1st, that is just fine. They just need to be satisfied that you are there to exercise rights and just "hanging around".

[pashag]

Thanks again for the reply! That has put my mind at ease as I was visualising a real horror story.

In terms of exercising treaty rights (for the purpose of moving back to the UK and the EEA family permit), when does exercising the free movement rights commence? From the date the EU citizen is employed, or the date that they registered in the member state?

[gokulatti]

Thanks again for the reply! That has put my mind at ease as I was visualising a real horror story.

In terms of exercising treaty rights (for the purpose of moving back to the UK and the EEA family permit), when does exercising the free movement rights commence? From the date the EU citizen is employed, or the date that they registered in the member state?

I believe it starts when you start exercising your rights. Arguably, when you registered your presence it can be can taken as the date if you had comprehensive sickness insurance or in your case when you start working whichever is earliest. I am not sure how to consider the first 3 months though since its unconditional. Maybe you might get better insights in the UK forum.

[pashag]

Update:

We visited the Ausländerbehörde again this morning and unfortunately, it was the same staff member who we met previously and who advised that a führungszeugnis was required. We talked to him and showed him the printout documentation for Berlin - the link provided by gokulatti. He was adamant that it will still be required and informed us to stick to our appointment in October.

I'm not too sure where we go from here. I guess it's probably just going to be a case of waiting it out.

[gokulatti]

That is really unfortunate, did he refused to take your application, did he give you a written confirmation that it is required. you could always ask for their superior.

[pashag]

We actually went in without an appointment and thus no application. The October date he has given us is for an actual submission of application. We will be looking to relocate to another area soon and hopefully their local immigration office is more efficient and understanding.

Thanks for your help!

[waqasars]

Who knows the staff at other location will deal you in a different way. I advise you just wait for your appointment and provide him the requested documents. Everything will be fine.

[mgb]

Update:
I'm not too sure where we go from here. I guess it's probably just going to be a case of waiting it out.

Refer to german Freitzügigkeitsgesetz (Freedom of Movement Act/EU) section 5a.
The english translation is available here:
https://www.gesetze-im-internet.de/engl ... html#p0078