# 'Freedom of Movement' limbo (spouse of EU national)



## huglo (Sep 4, 2014)

Hello,

I'm a Brazilian citizen who recently joined my wife, an Italian national, in Berlin. We just came back from the Immigration Office where we requested a residence permit for me based on my wife's right to freedom of movement (she is employed), brought all the necessary papers but were told that we need to make an appointment for our request to be analyzed. 

The problem is, the next appointment date available is in July. I told the immigration officer who spoke to us that I can't wait until then to start looking for work (as I have the right to, given my wife's situation) and was told that I could work right away, as long as I have that appointment for July. In other words, the piece of paper confirming my appointment is equivalent to a full residence permit until that date and provides me with all the rights attached to one.

As I've been to the Berlin Immigration Office many times before (I was living here in 2014) and have found that the information they provide is often confusing and not entirely reliable, I would like to ask if anybody here would happen to know whether what we were told is actually true and, perhaps, explicitly stated in the EU freedom of movement directive or the German FreizügG/EU? It would be great if it is, but it just seems quite odd to me and I can't really be at ease yet.

Thanks in advance!


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## ALKB (Jan 20, 2012)

huglo said:


> Hello,
> 
> I'm a Brazilian citizen who recently joined my wife, an Italian national, in Berlin. We just came back from the Immigration Office where we requested a residence permit for me based on my wife's right to freedom of movement (she is employed), brought all the necessary papers but were told that we need to make an appointment for our request to be analyzed.
> 
> ...



You can indeed work as long as your spouse is exercising treaty rights.

In EU law, applying for a residence card is optional for family members of EEA nationals. Practically, not applying for one is not a smart thing to do.

The biggest problem you will face is that employers will not believe that you have the right to work without seeing your residence card - does the document confirming your appointment state your right of work?

Residence card applications used to be without appointment in Berlin but in the current crisis they work with a skeleton staff and I can see how that would change things.

Is there a possibility to show up early and hope to get a number?


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## huglo (Sep 4, 2014)

Hi ALKB,

Thanks for your answer.

The detail you mentioned is what concerns me the most really - that prospective employers won't believe I'm allowed to work here. The document makes no mention of that, it only states the date and time I'm supposed to be at the Immigration Office and the papers I need to bring.

We did show up very early today (it opens at 7am, we were there at 6:30) and saw people without appointments getting numbers, but I suppose they just don't see this specific case as being urgent enough to warrant immediate processing. As you said, they've been stretched pretty thin lately.

I guess I'll just have to hope employers will trust the information I give to them. I'd just be nice to have some specific section in the actual law (or a temporary document issued by the Immigration Office) that I could point to in case they're not so easily persuaded.


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