Getting a Residence Permit for a non-EU Spouse

From my understanding you should get the family reunion visa before coming and then apply for residency here upon this basis. A EU citizen has a right to bring their non-EU spouse who doesn't even have to pass any kind of German test, nor would it be legally required to run a company. Your wife being a EU citizen has a right to work in Germany but will have to have at least B2 if not C1 level of German to do such nursing in addition to having her nursing credentials recognized. This is critical for safety. Decent English is rather expected but it will be in addition to fluent German, not as an alternative.

But one should not assume getting the family reunion visa is just  automatic because they still want to review if it is a legitimate marriage rather than one of convenience and that the person has no serious criminal record or activity with criminal, undemocratic or terrorist organizations. Thus this "right" of movement is still conditional but should not be a problem if one has no police record.

masycheff wrote:

Hi Everyone,

I'm getting a lot of help on this forum so I'd like to thank again everyone who responded to my threads on renting an apartment and finding a school in Berlin. It was very helpful!

I'm here again with a new question ;-)

We are going to move to Germany from Israel. My wife and both kids (4 and 8 y.o) hold the Lithuanian/EU citizenship. I have the Israeli citizenship. I've carefully read the information provided on the Federal Office for Migration and Refugees website and got some initial understanding of the process, but would still need to get a better understanding of the details. I've submitted my questions via their website, but they haven't responded yet.

So I'd appreciate any help with this:

1. My understanding is that my wife and kids don't need any permit, they just move in and live. The only thing they'd need to do is after 90 days of staying in Germany to register with Einwohnermeldeamt, the local residents' registration office. My wife is an operating room nurse, so she won't be able to start working immediately after we moved to Germany. She has to confirm her diploma, pass the exam, etc., but I will be providing funds plus we have some savings we are moving with.

Would my wife need to demonstrate funds on a bank account? How much should be there? 

If she has to demonstrate funds on her bank account, will she be able to open it in a German bank before registering with the local registration office?

2. If I read the rules correctly, I'd need to get a family reunification visa.

We are planning to move together. Should I apply for a family reunification visa before I arrive to Germany or can I apply from Germany? I read that citizens of Israel can apply for a residence permit while being in Germany, but I'm not sure if it applies to family reunification visas.

I guess I'd need to show that I have sufficient funds to support myself. Does anybody know how much exactly it should be?

Are there any language requirements for me? I'm CEO of a software company so I guess I'd be considered a highly-skilled worker (although my company is headquartered outside of the EU); my company has a lot of business in the EU, but not in Germany yet - I don't know if it matters for the purpose of getting the family reunification visa and any requirements.

Many thanks!
Alex

You would be moving under EU freedom of movement rules, not German domestic immigration law.

If you do not need a visa to enter Germany, you can apply for the Aufenthaltskarte (residence card) for non-EEA family members of EU nationals in country, within 90 days of arrival.

Under EU freedom of movement, rights of family members whose EU spouse/parent is exercising treaty rights are automatic and the residence card is just documentary evidence of an existing right. In theory, you wouldn't even need to apply for a residence card, in practice, it is very much necessary unless you like living with constant problems.

Your wife needs to be exercising treaty rights:

Be employed, self-employed, a full time university student, a jobseeker (maximum for that is 6 months) or self-sufficient with health insurance.

I think in another post you mentioned that you have ample funds? So, she can be self-sufficient through that. It's also the one option that the immigration office likes least, since savings can be gone overnight.

Health insurance might be the trickiest for you guys since you have your own company and she won't be employed right away.

Also make sure you are registered for tax and social contributions.

https://service.berlin.de/dienstleistung/324282/en/

ALKB wrote:

You would be moving under EU freedom of movement rules, not German domestic immigration law.

If you do not need a visa to enter Germany, you can apply for the Aufenthaltskarte (residence card) for non-EEA family members of EU nationals in country, within 90 days of arrival.

Under EU freedom of movement, rights of family members whose EU spouse/parent is exercising treaty rights are automatic and the residence card is just documentary evidence of an existing right. In theory, you wouldn't even need to apply for a residence card, in practice, it is very much necessary unless you like living with constant problems.

Your wife needs to be exercising treaty rights:

Be employed, self-employed, a full time university student, a jobseeker (maximum for that is 6 months) or self-sufficient with health insurance.

I think in another post you mentioned that you have ample funds? So, she can be self-sufficient through that. It's also the one option that the immigration office likes least, since savings can be gone overnight.

Health insurance might be the trickiest for you guys since you have your own company and she won't be employed right away.

Also make sure you are registered for tax and social contributions.

https://service.berlin.de/dienstleistung/324282/en/

Wow, thank you so much! I've just got a huge relief

Do you know what amount of money would be considered "self-sufficient"? Are there any well-defined standards? I can provide my payslips to the immigration office to show I can cover costs of living...

Thanks again!

masycheff wrote:

ALKB wrote:

You would be moving under EU freedom of movement rules, not German domestic immigration law.

If you do not need a visa to enter Germany, you can apply for the Aufenthaltskarte (residence card) for non-EEA family members of EU nationals in country, within 90 days of arrival.

Under EU freedom of movement, rights of family members whose EU spouse/parent is exercising treaty rights are automatic and the residence card is just documentary evidence of an existing right. In theory, you wouldn't even need to apply for a residence card, in practice, it is very much necessary unless you like living with constant problems.

Your wife needs to be exercising treaty rights:

Be employed, self-employed, a full time university student, a jobseeker (maximum for that is 6 months) or self-sufficient with health insurance.

I think in another post you mentioned that you have ample funds? So, she can be self-sufficient through that. It's also the one option that the immigration office likes least, since savings can be gone overnight.

Health insurance might be the trickiest for you guys since you have your own company and she won't be employed right away.

Also make sure you are registered for tax and social contributions.

https://service.berlin.de/dienstleistung/324282/en/

Wow, thank you so much! I've just got a huge relief

Do you know what amount of money would be considered "self-sufficient"? Are there any well-defined standards? I can provide my payslips to the immigration office to show I can cover costs of living...

Thanks again!

Unfortunately, there is no set amount. Case workers appear to have a certain amount of leeway. A few years back, I heard about a couple who got refused because the EU spouse did not exercise treaty rights and I think it was 16000 Euro in savings were not deemed enough. That particular immigration authority wanted to see funds for the full five years a residence card id valid, equal to what a German couple would get in social security if they are not working, which of course differs from region to region, town to town, due to differences in rent, etc..

The poverty line for two adults and two children in 2019 was about 2500,- per month, so would be higher now.

I am not quite sure how they see income from employment with a non-EEA company.

Is your employer able to register you for German payroll taxes and social contributions? If not, you might have to register as self employed, invoice the company and deal with tax, social contributions and taxes yourself.

ALKB wrote:

Unfortunately, there is no set amount. Case workers appear to have a certain amount of leeway. A few years back, I heard about a couple who got refused because the EU spouse did not exercise treaty rights and I think it was 16000 Euro in savings were not deemed enough. That particular immigration authority wanted to see funds for the full five years a residence card id valid, equal to what a German couple would get in social security if they are not working, which of course differs from region to region, town to town, due to differences in rent, etc..

The poverty line for two adults and two children in 2019 was about 2500,- per month, so would be higher now.

I am not quite sure how they see income from employment with a non-EEA company.

Is your employer able to register you for German payroll taxes and social contributions? If not, you might have to register as self employed, invoice the company and deal with tax, social contributions and taxes yourself.

Thank you very much.

Do you know if there's a possibility to talk to the immigration office (or should it be the local registration office? I'm not yet proficient with German authorities) and ask them before we apply? I'd like to understand expectations of the office specifically in Berlin so we can take specific preparatory steps, if necessary, to increase our chances to get approved.

Thanks!

masycheff wrote:

The only thing they'd need to do is after 90 days of staying in Germany to register with Einwohnermeldeamt, the local residents' registration office.

The other contributors above (by the way: excellent answers!) probably did no spot this:
You and your wife have to register at the Einwohnermeldeamt within a week after moving here - not 90 days. And this registration obligation has nothing to do with any application for a residence permit: The same rule applies to Germans as well!

beppi wrote:

masycheff wrote:

The only thing they'd need to do is after 90 days of staying in Germany to register with Einwohnermeldeamt, the local residents' registration office.

The other contributors above (by the way: excellent answers!) probably did no spot this:
You and your wife have to register at the Einwohnermeldeamt within a week after moving here - not 90 days. And this registration obligation has nothing to do with any application for a residence permit: The same rule applies to Germans as well!

For EU nationals, when they first enter Germany, registration is within 90 days of arrival, as they could claim to be visitors during that time. Registration has to happen as soon as treaty rights are being exercised - when they move into a permanent residence, start to work, enroll in university, want to register as self-employed, want to make any sort of application to the authorities - including a residence card for family members of EU nationals, basically, anything for which residence is required. It's of course different when an EU national and their family members are already residents in Germany and move house - then they also have to register within 7 days (or at least make an appointment - the pandemic has altered a lot of processes).

The EU directive is a bit one fits all for all member states and EU nationals moving is a bit of a special case.

Registration in Berlin is with the Bürgeramt  - there are several in each district and you do not have to go to the nearest one, so you can take the first appointment available anywhere in Berlin. That's the very first step to sort out everything else.

Application for a residence card is with the Ausländerbehörde, which now has two locations, one of which is for EU citizens and family members as well as highly skilled migrants.

You will get a tax number for employment automatically after registering. If you need to go the self-employed route, you may or may not have to register with the Gewerbeamt.

In any case, you will need to contact the Finanzamt (finance authority) if not to register for a special tax number as self employed, then at the very least to change your tax class from 4/4 to something more favorable to your family's situation..

You can also apply for Kindergeld (child benefit) at the Familienkasse.

You will need to join a Health insurance, too. If none of you is actually employed in Germany, this could be a bit tricky.

ALKB, this is not entirely correct: You need to register within a week when arriving with intentions to stay longer (because you are not visitor then!).
But of course (although possible) you are not likely to be found and penalized.

ALKB wrote:

For EU nationals, when they first enter Germany, registration is within 90 days of arrival, as they could claim to be visitors during that time. Registration has to happen as soon as treaty rights are being exercised - when they move into a permanent residence, start to work, enroll in university, want to register as self-employed, want to make any sort of application to the authorities - including a residence card for family members of EU nationals, basically, anything for which residence is required. It's of course different when an EU national and their family members are already residents in Germany and move house - then they also have to register within 7 days (or at least make an appointment - the pandemic has altered a lot of processes)....

Thank you very much!