Getting 'Aufenthaltsgenehmigung' in Hamburg for wife

[Picapuh]

Hello All,
Hope you all had a lovely Christmas time and a great NYE!

I have a question concerning settlement in Hamburg, Germany (Aufenthaltsgenehmigung) for my non-eu wife on a Schengen Visa but with a right of stay in Belgium.

I am a German citizen, currently living in Belgium with my wife where we also got married on a Schengen Visa. Marriage has now given her an unlimited right of stay (residence permit will come within 6 months after marriage), but I have received a job offer in Hamburg which I am contemplating about taking.

My worry is now that when we go to Hamburg on a Schengen Visa, local Authorities will not allow us to register her for a Aufenthaltsgenehmigung and ask instead to file for Familienzusammenfuehrung which will take weeks! Have read quite a few times that they would only accept registration for Aufenthaltsgenehmigung on the appropriate visa. I am a little confused as to how to approach this - I want to know what I am getting in before accepting the job only to find out that I can't register her!

Ideally I would take her with me to Hamburg (EU - Freedom of Movement) and simply register her at the Meldeamt/Auslaenderbehoerde with me. If this doesn't work, should we do this from Belgium at the German embassy instead? It is out of the question to have her return to her home-country only to file a Familienzusammenfuehrung, she has no place to stay there and no job waiting.

Can anyone help? Thanks guys

Best,
Pica

[EUsmileWEallsmile]

I must confess, I do not know the specifics that the local German state will apply, but I can tell you a little about the general EU rules, which will have to apply.

An EU national cannot usually avail of EU freedom of movement law in his own country (in your case Germany). However, he can use it if he first lives in another EU country with his family member (and in particular if he has worked there). The case law pertaining to this is Singh.

See here http://eur-lex.europa.eu/LexUriServ/Lex ... 70:DE:HTML

In general, EU freedom of movement law allows an applicant to demonstrate his righs in whatever way he choses and a state cannot mandate a particular format. Therefore, if you can demonstrate that you are married; that you have lived in another EU country together (that you worked there perhaps), then your application should succeed.

[Picapuh]

I must confess, I do not know the specifics that the local German state will apply, but I can tell you a little about the general EU rules, which will have to apply.

An EU national cannot usually avail of EU freedom of movement law in his own country (in your case Germany). However, he can use it if he first lives in another EU country with his family member (and in particular if he has worked there). The case law pertaining to this is Singh.

See here http://eur-lex.europa.eu/LexUriServ/Lex ... 70:DE:HTML

In general, EU freedom of movement law allows an applicant to demonstrate his righs in whatever way he choses and a state cannot mandate a particular format. Therefore, if you can demonstrate that you are married; that you have lived in another EU country together (that you worked there perhaps), then your application should succeed.

Thank you so much for your reply! I am a bit concerned about Therefore, if you can demonstrate that you are married; that you have lived in another EU country together (that you worked there perhaps), then your application should succeed. because only a few weeks are between marriage in Belgium and moving to Hamburg, and the residence pass might not be with us *yet* at that point - what do you think?

[EUsmileWEallsmile]

It is up to you to decide what evidence to use. Some forms may be easier and more straightforward than others, but use your imagination. Prove that you meet the requirements and your application will be successful.

We are married, we've lived together in this member state; I did the following in that member state. This is evidenced by...