British citizen relocating to Germany with non-EU fiance

ShakuMaku · Post by **ShakuMaku** » Wed Nov 28, 2012 12:56 am

Hi there,

Im a British citizen and will be moving to Berlin soon and know that my rights to work and reside there are protected. My fiance is living in Brazil with a Syrian passport and will be joining me in Berlin. My question is how does he go about doing this? Does he have to apply for a family reunion visa to Germany from Brazil? Do we have to be married for him to do that? OR is the alternative us getting married in the UK and THEN travel to Germany where his right to enter would be recognised irregardless of whether he has a visa or not?

Help, information, advice is appreciated!

Thank you :)

Post by **Directive/2004/38/EC** » Wed Nov 28, 2012 1:03 pm

Have you been living together for an extended period? If so please tell us the details

ShakuMaku · Post by **ShakuMaku** » Wed Nov 28, 2012 1:41 pm

We've been engaged for 4 months but because of his scholarship to the states and now his job in Brazil we havent lived together in the time that we've known each other. And now he is in Brazil until January because of his visa

Post by **Directive/2004/38/EC** » Wed Nov 28, 2012 10:36 pm

EU free movement law only kicks in if you have a longer term common law relationship or are already married.

ShakuMaku · Post by **ShakuMaku** » Wed Nov 28, 2012 11:17 pm

So we will have to be married before travelling to Germany together?
When i spoke to the German embassy they said that he has to apply for a residence permit in Brazil which he cant do because we arent married.
All i want to make sure of is if we get married in the UK then decide to relocate to Germanywill he need a residence permit or can he enter without a visa because of free movement.

Post by **Directive/2004/38/EC** » Thu Nov 29, 2012 1:31 pm

Once you are married she will need no advance visa before travelling together to Germany to settle. Always carry your marriage certificate.

ShakuMaku · Post by **ShakuMaku** » Thu Nov 29, 2012 1:33 pm

Excellent, so no need for a residence permit before hand and always carry marriage certificate :)
Will German border control be aware of this cos we dont want problems there.
Sorry for all these questions just want to be 100% sure!

Post by **Directive/2004/38/EC** » Thu Nov 29, 2012 1:37 pm

ShakuMaku wrote:Excellent, so no need for a residence permit before hand and always carry marriage certificate :)
Will German border control be aware of this cos we dont want problems there.
Sorry for all these questions just want to be 100% sure!

For the most part the German border police are very well educated. I have even have some good conversations.

About residence visa not being a requirement: read http://eumovement.wordpress.com/2012/11 ... residence/

About always being able to enter even if you do not have what they claim is a needed visa: read http://eumovement.wordpress.com/2010/08 ... to-travel/

ShakuMaku · Post by **ShakuMaku** » Thu Nov 29, 2012 1:53 pm

this is my last question, am i right in thinking that the visa he has to apply for to the UK is the EEA visa? is that possible because we are only engaged? what supporting documents to prove our relationships does he have to provide when applying for the visa from brazil

Post by **Directive/2004/38/EC** » Thu Nov 29, 2012 1:55 pm

Directive/2004/38/EC wrote:EU free movement law only kicks in if you have a longer term common law relationship or are already married.

EU law does not apply right now.

ShakuMaku · Post by **ShakuMaku** » Thu Nov 29, 2012 1:58 pm

EEA to the UK or another visa?

Post by **Directive/2004/38/EC** » Thu Nov 29, 2012 2:01 pm

ShakuMaku wrote:EEA to the UK or another visa?

I have no idea what you mean

ShakuMaku · Post by **ShakuMaku** » Thu Nov 29, 2012 2:05 pm

i mean what visa should he apply for to come to the UK so we can be married here? ive read that its an EEA visa

Post by **Directive/2004/38/EC** » Thu Nov 29, 2012 2:11 pm

ShakuMaku wrote:i mean what visa should he apply for to come to the UK so we can be married here? ive read that its an EEA visa

No. They will not issue it.

Maybe a fiance visa. But I am not 100% sure what the requirements are.

ShakuMaku · Post by **ShakuMaku** » Thu Nov 29, 2012 2:14 pm

thank you thats all very helpful :)

Post by **Jambo** » Thu Nov 29, 2012 2:30 pm

If you plan to get married and leave the UK within 6 months, the cheapest option is Marriage visitor visa.

If you want to stay in the UK, then a Fiancée visa might be more suitable.

ShakuMaku · Post by **ShakuMaku** » Thu Nov 29, 2012 2:49 pm

thank you jambo, i just needed that clarifying. i was having a look at the uk border agency website and theres a lot of options. thanks for clearing that up

Post by **Directive/2004/38/EC** » Fri Nov 30, 2012 12:04 am

Jambo wrote:If you plan to get married and leave the UK within 6 months, the cheapest option is Marriage visitor visa.

If you want to stay in the UK, then a Fiancée visa might be more suitable.

I have my doubts whether UKBA would issue either visa. They will want extensive evidence that the foreigner will be going back to their home. There will also be a suspicion that they will be staying with their new UK spouse. "But your wife will not be going back to Brazil?"

If you do decide to apply, do not assume that it will automatically be granted. And think through your time lines with appeal, along with other options.

ShakuMaku · Post by **ShakuMaku** » Fri Nov 30, 2012 12:07 am

in terms of evidence of not staying in the UK, he will be joining me in Germany once I have signed my contract for my new job and there is the possibility that he will apply for a job there too once he is there.
that should be evidence enough no?

Post by **Directive/2004/38/EC** » Fri Nov 30, 2012 12:09 am

ShakuMaku wrote:in terms of evidence of not staying in the UK, he will be joining me in Germany once I have signed my contract for my new job and there is the possibility that he will apply for a job there too once he is there.
that should be evidence enough no?

That is future looking. Maybe it is enough. I really do not know what they look for and how strong the evidence needs to be.

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British citizen relocating to Germany with non-EU fiance

British citizen relocating to Germany with non-EU fiance