Work permit with marriage to EU husband?

[savoysuit 12]

Hello,

 

My girlfriend of 5 years would like to be able to work here in Germany (as her money is running out)...

 

I am a finnish citizen, she is canadian. Someday we would get married anyway...

 

So, what I'm wondering (apologies if this has been answered... the search function isn't working right now) is if we get married here in Germany, would she therefore have a residence/work permit right away?

 

thanks! :)

[Lifeisabuffet 483]

Short answer: No.

[kaffeemitmilch 830]

My German girlfriend and I (American) got married in the US (much easier) and I got my residence and work permit pretty quickly, though it took a few months because I didn't have an apostilled marriage certificate, and our apartment was too small. I needed insurance (through her job), her income had to be sufficient, and we needed a place to live that was big enough. Once those requirements were met, it was easy. So, if you have everything, she might get a permit in a few weeks. I don't know how it works if you get married in Germany, though. Maybe, as Lifeisabuffet says, it'd be harder? Try getting married in Denmark.

[PandaMunich 14,421]

 

Short answer: No.

 

As far as I know (but engelchen is the expert here), spouses of EU citizens working in Germany get the same rights as spouses of German citizens, including a work permit.

[savoysuit 12]

 

Short answer: No.

 

Could you expand as to why? I thought it might work like the two other posters have said...?

 

and I suppose I might as well ask another quick question... with a freelance visa (which is what she has), can you also work a minijob?

[Kazalphaville 1,810]

The spouse of an EU citizen working in an EU member state other than their own has the automatic right to reside and work under EU Directive 2004/38/EC.

[savoysuit 12]

thanks, and with a freelance visa (which is what she has), can you also work a minijob?

[PandaMunich 14,421]

No.

Solution: Get married.

[Kazalphaville 1,810]

She won't need any kind of visa to work, as a spouse of an EU citizen working here. She would have the same rights as an EU citizen to work here by virtue of being your spouse. So I would imagine she can work in a minijob.

 

EDIT: just seen that you're not married yet. So forget all I just wrote, unless you do what Panda Munich just said. My advice: go for a quickie marriage without hassle in Denmark. You could be all sorted within a matter of a few weeks.

[savoysuit 12]

why Denmark? Wouldn't I have to live in Denmark etc... ?

[PandaMunich 14,421]

 

why Denmark?

 

Because it's easier, see Marriage and getting married in Germany.

 

 

Wouldn't I have to live in Denmark etc... ?

 

No.

[Kazalphaville 1,810]

Denmark is the Las Vegas of Europe, that's why. Little is required in the way of documentation, they take paperwork in German and English (so no translations necessary, except for anything they need that you have in Finnish) and they arrange quick appointments. We got married in Denmark as neither of us is German and the paperwork and costs because of that would have been a nightmare had we done it in Germany. Plus the marriage certificate you get from them is an "international" one and has German on it, which is useful for doing all the legal stuff in Germany once you get back.

 

Link to the thread about it all here:

 

Marriage in Denmark to avoid German red tape

[engelchen 11,395]

 

My girlfriend of 5 years would like to be able to work here in Germany (as her money is running out)...

 

I am a finnish citizen, she is canadian. Someday we would get married anyway...

 

What are you doing in Germany? Your (future) wife's right to work here hinges on you being Freizügigkeitsberechtigt.

[savoysuit 12]

what do you mean? She would have the same rights as me if we were married... but then I'm not totally sure what Freizügigkeitsberechtigt means.

 

I'm an artist (so is she actually)... and at the moment this is the best place for us (for various reasons that I won't get into).

[kaffeemitmilch 830]

I think Freizügigkeitsberechtigt means you need to have a purpose here even as an EU citizen, like work, study, etc. You'll have to prove to immigration that you can take care of the both of you, so if you meet all the conditions, so will she.

[Kazalphaville 1,810]

Basically if you fulfil the regulations for living in Germany as an EU citizen (are here for work, study or retirement and have means to support yourself without relying on benefits, and you have appropriate health insurance), you are Freizügigkeitsberechtigt, i.e. have the legal right to live, move and work in Germany as an EU citizen. If you fulfil all the legal requirements, then your spouse is entitled to live here with you under the conditions of EU Directive 2004/38/EC.

[kaffeemitmilch 830]

Here's a nice little guide: http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement_low.pdf

[nelson_navarro 0]

I think Freizügigkeitsberechtigt means you need to have a purpose here even as an EU citizen, like work, study, etc. You'll have to prove to immigration that you can take care of the both of you, so if you meet all the conditions, so will she.

​Hey there @kaffeemitmilch - I'm a US citizen with a freelance visa in Berlin and am planning on marrying my French girlfriend, probably in Denmark to avoid red tape. I wonder if you'd know - do you think the fact that we do not live together *yet* pose any problems at the Ausländerbehörde when registering the marriage and applying for a work permit here?

Any help/advice would be greatly apreciated.

-N

[kaffeemitmilch 830]

So, I take it you plan on transferring to an EEA family member residence permit. She already lives in Germany? Essentially, once you're married, your rights are guaranteed. I don't know how suspicious Germany is of sham marriages. My partner and I got married in January 2013, and I moved to Germany (to live with her) a month later. I was issued a full residence permit without too much trouble. You could always explain that you two are planning on moving in together as newly-weds. Looks like standard behavior to me. Are you both in the same city? When are you planning on living together?

[nelson_navarro 0]

@kaffeemitmilch - thanks for your reply.

We both live and work in Berlin, just not together :-/. We're planning on moving in together when we have enough savings - which is also part of the reason we're deciding to get married sooner rather than later. I have an easily renewable freelance visa valid until Oct 2016, so there's no rush, it's just that we're planning on getting married at some point anyway, and having the family member residence permit would open a lot of other possibilities for me...