Work permits for non-EU spouses of EU citizens

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Okay, this is my first time writing on a website like this and out of all that i have read hopefully someone can give me insite as to how to get into germany and start up from scratch, i.e. working, kids schooling and with the family support we will have over there then here in the United Kingdom.

 

It started as a good idea with a family member who has resided in the United Kingdom for 7 years. My husband was able to get his British Citizenship through his mum, and he received in August 2007. We ask the family member was it at all possible for me to apply for documentation saying that i am entitled to be here, never the less he reassured us that it can be done that he had spoken to home office. So naturally, we sold up everything in South Africa, and immigrated here in June 2007 knowing thats things would fall into place.

 

Well... it did not go that way, we spoke to a number of people at the Home Office telling us that I could fill out this application, but later realised that it was not viable or accepted and by then it was too late. We had an heated argument with the family member here in the united kingdom and was left to try and make it out on our own. We have spent endless amounts of money on the cost of living with no positive outcomes of my situation. And now the only thing left to do is to go over to germany where the mum and dad have resided there for the last 7 years. The support over there would be alot better then what we have now, we have no social or financial support of family and trying to live off of one salary is proven difficult.

 

So the point i am getting to... Is what will i need to work in germany considering that my husband is a EU citizen?

 

Regards to all!

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Since your husband is a UK citizen you will be eligible to work here. Getting decent work may be a different story. Bear in mind, for example, that you cannot do temporary work (Zeitarbeit here).

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If say for example will I be able to go to germany on my south african passport together with my husband, obviously staying with the family that has residence there?

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This is not expert advice, but I don't see why it would be a problem for you to live with them (from the perspective of the authorities, and assuming adequate living space for all of you) however, your husband will probably have to show that he can support you since it is on the basis of your marriage to him that you will be resident in Germany. You may also need Apostille copies of your birth and marriage certificates. As to whether or not you can enter Germany as a South African citizen without a visa since your husband is exercising EU Freedom of Movement rights, I have no idea.

 

Not knowing your (you and your husband's) qualifications or level of German language ability, I would caution you not to assume that you will find a job easily. You may have to live on one salary or on savings for awhile here. Just something to take into consideration.

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if i got offered a work permitfrom a employer would that be sufficient enough to work in germany? I have been working for 10 years in the administrative fieilds, i.e receptionist, debtors, creditors, etc

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An employer cannot give you a work permit- the government does. Your best shot at getting one is probably as the spouse of a citizen of an EU country. I don't know if yours will have any restrictions on the work you can do (other than not being able to do Zeitarbeit, which no non-EUer can do). I doubt any employer would consider hiring you for any of the sort of work you describe above if you apply while still in the UK and they have to request a work permit for you, and that's assuming you speak fluent German. BTW, many admin jobs are Zeitarbeit here.

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A similiar question which I have been trying to find the answer (before I go to the Auslaenderbehorde :)

 

I am Indonesian passport holder and my husband has an Italian passport. We have been living and settled down in Germany for over six years. About a year ago I got my permanent residency card from Auslaenderbehorde. The card says: "Daueraufenthaltskarte fuer Familienangehoerige von Unionsbuergern oder von Staatsangehoriegen eines EWR-Staates".

 

It does not specifically say whether I am allowed to work in Germany or not, just a statement saying: " Die Inhaberin/der Inhaber dieses Dokuments hat ein Daueraufenthaltsrecht gemaess Kapitel IV der Richtlinie 2004/38/EG vom 29. April 2004/Par. 4a Freizugigkeitsgesetz/EU". Does it mean that I can work here, if I can find an employment or do I need to apply for working permit before I look for a job?

 

Thanks for the info.

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It doesn't mean that you can work.

In fact, it doesn't say anything about whether you can work or not.

I'm also facing the same problem. I have some job offers and I am marrying my German finace end of May.

I want to find out if there are any other special application needed to be done to get permission to work after getting my PR.

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... Does it mean that I can work here, if I can find an employment ...

Niederlassungserlaubnis

 

 

Die Niederlassungserlaubnis ist ein Aufenthaltstitel nach dem seit dem 1. Januar 2005 geltenden Aufenthaltsgesetz (AufenthG).

 

Die Niederlassungserlaubnis wird zum Zwecke der Verfestigung des Aufenthalts eines Ausländers im Bundesgebiet erteilt und ist unbefristet. Darüber hinaus berechtigt sie sowohl zur Beschäftigung als Arbeitnehmer als auch zur Ausübung einer selbständigen Erwerbstätigkeit ...

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It doesn't mean that you can work.

In fact, it doesn't say anything about whether you can work or not.

I'm also facing the same problem. I have some job offers and I am marrying my German finace end of May.

I want to find out if there are any other special application needed to be done to get permission to work after getting my PR.

What sort of permission do you currently have to reside in Germany?

 

After marriage, you will probably get an Aufenthaltserlaubnis which doesn't place limits on you working (other than not being able to do temporary work as a non-EUer) and is valid for three years.

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@conquistador

 

Can you give me any references on this restriction of Zeitarbeit to EU citizens? It's new to me. (Yes, I did a TT search. "Zeitarbeit" No luck. )

 

thanks

ann

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I don't remember exactly where I read it - if I do I will post it here. Zeitarbeit is rather heavily regulated, so the firms themselves know this (whether or not they can cite the relevant legal passage I don't know). Call one up and ask.

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The reason I asked was because was because I couldn't find anything to support this on their web sites, merely that one had to have an arbeitserlaubnis (which a spouse spouse of a German has) - i.e. you couldn't use them to justify your residence permit.

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Family members of EU citizens can do Zeitarbeit. In fact, the work rights of EU citizens and of their family members are the same.

 

I would love to see a reference to anything which says otherwise.

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A similiar question which I have been trying to find the answer (before I go to the Auslaenderbehorde

 

I am Indonesian passport holder and my husband has an Italian passport. We have been living and settled down in Germany for over six years. About a year ago I got my permanent residency card from Auslaenderbehorde. The card says: "Daueraufenthaltskarte fuer Familienangehoerige von Unionsbuergern oder von Staatsangehoriegen eines EWR-Staates".

 

It does not specifically say whether I am allowed to work in Germany or not, just a statement saying: " Die Inhaberin/der Inhaber dieses Dokuments hat ein Daueraufenthaltsrecht gemaess Kapitel IV der Richtlinie 2004/38/EG vom 29. April 2004/Par. 4a Freizugigkeitsgesetz/EU". Does it mean that I can work here, if I can find an employment or do I need to apply for working permit before I look for a job?

 

Thanks for the info.

You 100% can work with either a Residence Card or a Permanent Residence Card. You have been able to work in Germany the whole time you have been married to an Italian and living in Germany. You do not need a separate work permit.

 

Directive 2004/38/EC, which is what they refer and it applies to you and to your Italian huband equally. See http://eumovement.wordpress.com/directive-200438ec/ for more details

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You do not need a separate work permit.

Depending on the residence permit someone has, they may need a work permit, but it should be provided without restriction if they can prove they are married to an EU citizen.

 

My wife has a work permit provided in this way. She's Czech, so is an EU citizen, so didn't need a residence permit to live here. Germany still restricts the right of employment for cizizens of the new EU counties, so we applied for, and she received (with in minutes!) an unrestricted work permit based on me being a British citizen. Talk to your local Argentur für Arbeit for further details.

 

Also see the EU website "Right of Union citizens and their family members to move and reside freely within the territory of the Member States" for more info.

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Hi,

 

We are living and working in London at the moment (have been here 3 years) and might move to Berlin. I am an EU citizen (Dutch) but my spouse is not from the EU. It is my understanding she can easily move with me but I have a few questions

 

- Can my spouse come with me immediately or does she have to wait for any type of permit?

- Are their costs involved?

- Can she work immediately as well?

 

From what I read so far we should be fine but can anyone confirm?

 

Thanks!

 

Topics merged by admin

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1. She can come together. If she needs any kind of visa to enter Germany/Schengen, then she has to get it at the German embassy before coming.

 

2. Probably the cost of stamping a residence permit in her passport once she is here.

 

3. Probably after #2

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As already explained, she has to apply for dependent visa, this thing can take time up to 5-6 weeks if they have any doubt in your marriage certificate.

 

You will have to pay some visa fee in German embassy UK, and once she is here, you will have to pay some additional fees for extending her residence permit (as they give permit only for first three months, so within that time you MUST extend the permit)

 

She can work If she finds any employer who is willing to process for her work permit. Yes, she needs work permit for a full time employment. Of course she can do "mini_jobs" 20hrs/week without any problems, but these things are usually mentioned in the Visa she will get!

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