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 Working + Residence rights for a Non-EU, but married to a EU

Forum General British immigration issues, visa, citizenship, EEA forms, marriage and dual nationality discussions.: General British immigration issues, visa, citizenship, EEA forms, marriage and dual nationality discussions.

Working + Residence rights for a Non-EU, but married to a EU

Postby Amit » Mon Oct 27, 2003 1:20 pm

Hi All,

I have read a lot of queries of different people and was really amazed at so much info being exchanged, really really impressive. I have also realised that one gets more imfo in this forum than at the damn immigration office!!! ;-)

Anyway, coming to my que, i just got married to Ana, from Spain, this month, and we both have been staying in germany for the last 2 years as students. I am an Indian citizen, and we have been living/studying together since we met. After inquiring at the Spanish immigration office, we got to know, to our amazement, that Non-EU citizens marrying a Spanish citizen recieve the Right of Residence, but not the Right to Work!!!! We were naturally shocked at this, because it doesn't make sense, i mean, we are students, and now since we are married, we can't possibly ask our parents to give us the monthly pocket money!!! :-), Well, i then inquired with some sources, but not the immigration office in germany(was nervous), if that is the same case in Germany! I found out from some other people, that this is a new rule in the EU, that the residence permit is given on marriage, but not the work permit... :-(

The immigration office has called us on Wednesday with our translated marriage cert(its in Spanish), and then i think am going to ask them directly, but before doing so, just needed to confirm from anyone who knows a lil bout this situation.

So, my question to anyone who knows something about this, do i get equal rights in the EU states as my wife, (i am concerned only with Germany), or is there a new rule with the work permit and all??

Thanx a lot in advance,
Hope to get sth soon,
Cheers to all!
Amit!

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Re: Working + Residence rights for a Non-EU, but married to

Postby talala » Tue Oct 28, 2003 3:34 pm

Dear Amit,

I was under the impression that when you got residency from your eu spouse you could also work?

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Re: Working + Residence rights for a Non-EU, but married to

Postby Amit » Wed Oct 29, 2003 10:21 am

Dear Talala,
You are right, and most of them tell me the same, but to my surprise, we were told in Malaga, Spain, that there is a new rule from God knows when, that a residence permit is automatically given, but not the work permit, its given only after a year!!!! Does it make any sense!!!

Anyway, will be going to the immigration office today in germany, will get back and tell you wot happens...

Take care,
Amit
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Re: Working + Residence rights for a Non-EU, but married to

Postby Coyan » Sat Apr 24, 2004 2:29 pm

Yes, the authorities are right on this. As explained earlier in some of my postings. You right to work in another EU country is derived from your wife's Economic Treaty Rights.

As the case stands, your wife is a student, not an employee. So for the purposes of your status, you can only be granted a resident permit to live with your wife but not the right to work.

Soon as your wife starts working , you will then automatically be entitled to a work permit.
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Re: Working + Residence rights for a Non-EU, but married to

Postby eddiedford » Tue Apr 27, 2004 7:09 pm

Hello,

How long is it possible to live in Germany without registering with the authorities over the course of one year? How often in one year would you have to return to your country of origin without requiring a residence permit and other documents?

Thanks

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Re: Working + Residence rights for a Non-EU, but married to

Postby EasyExpat » Tue Apr 27, 2004 7:35 pm

eddiedford wrote:
> How long is it possible to live in Germany without registering
> with the authorities over the course of one year? How often in
> one year would you have to return to your country of origin
> without requiring a residence permit and other documents?

Hi,
My understanding is that you inheritate from the EU rights of your partner in other EU countries according the European Union treaty.

Although EU citizens are free to travel and work in Germany, certain formalities have to be complied with.
On entering Germany, EU citizens are permitted to remain for a period of three months. At the end of this period (or before, if you have found work and a permanent place to live) a residence/work permit (Aufenthaltserlaubnis) must be obtained from the Alien‘s Office (Ausländerbehörde).

Other information here.

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Re: Working + Residence rights for a Non-EU, but married to

Postby eddiedford » Wed Apr 28, 2004 6:03 pm

Dear Cyril,

Thanks very much for your answer.

Is it possible to go to Germany for six months and not work? In other words would you need to get the relevant documents that you mentioned even if you had no intention of working?

Thanks

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Re: Working + Residence rights for a Non-EU, but married to

Postby EasyExpat » Wed Apr 28, 2004 6:24 pm

If you stay more than 183 in the country, then you'll become subject to tax. So the question is are you going to live there with no found or will you have other ressources?
There is no problem for EU citizens to go and work in Germany, so I would recommend to do the bit of admin to sort out the situation when you are over there. By going to your consulate I have no doubt that they will give you all the information that you need.

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Re: Working + Residence rights for a Non-EU, but married to

Postby kvin1978 » Sun Nov 28, 2004 11:19 pm

I've got a spanish gitlfriend working full time in london. we are planning to get married by january 05. wow. we live in a beautiful world. :-) i am from a non eu country and i want to know whether i will be able to work in uk.
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