# US & EU Married Couple to Berlin



## PhillyChic (Jan 28, 2012)

Hello,

Thanks for this great forum, which I've relied on so much to move from the US to UK and now am hoping for some advice as I look to move from UK to Germany.

I'm a US Citizen w/ Indefinite Leave to Remain in the UK, and eligible for UK Citizenship in July 2017. I'm not sure that UK citizenship will still qualify for EU Citizenship at that time depending on Brexit. My husband has passports in the UK, Ireland, and US, so has EU Citizenship regardless of how you slice it.

My question...I'm not sure what the best application route is for us to move to Berlin? 

My husband is a freelance artist and therefore his income is sporadic. I have a very good paying job in IT, but I'm not sure if it qualifies as "Highly Skilled Worker" - I make close to 200K GBP annualized but am not a "scientist". We own a house in the US which we plan on selling, but unless we transfer that money to Germany, I imagine my husband couldn't prove enough income for Germany to consider I could rely on him in terms of income. So I don't know if we'd qualify to move to Germany under an EU VISA under my husband -as he might be required to have higher income/savings (if it's combined income we'd be fine). And I'm not sure if I'd be granted a VISA on my own since I'm not a scientist and don't know if being in IT Recruitment (although I'm very specialized), would be considered "highly skilled worker."

Conversely, I'm thinking if I wait until July, get my own dual citizenship in the UK, then move to Germany (if UK is still part of the EU), my husband could be considered a dependent on me. I have no doubt I could get a job there as I'm already chatting to a few companies and could probably do an internal transfer with my current employer to their Berlin office.

So not sure the best route to go as I haven't seen this specifically written of anywhere.

Any advice greatly appreciated!

PhillyChic


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## Nononymous (Jul 12, 2011)

Given the income level plus the fact that you have a US passport and your husband an Irish passport, I would consider just moving to Berlin with a job offer and presenting yourselves at the Ausländerbehörde. If you can easily obtain UK citizenship within the next year that would help in the short term, but since it may lose its value fairly soon after, not necessarily worth the wait if you can get in on your own merits. Speaking German would be very helpful in dealing with the authorities - makes them more sympathetic.


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## Nononymous (Jul 12, 2011)

To elaborate on my answer a little, don't get hung up on the definitions of "highly skilled" or "scientist" or all that. The officials at the Ausländerbehörde have a good deal of discretion to decide things on a case-by-case basis. Factors that will work in your favour:

- passport from a "privileged" country (US/Canada/Australia/NZ)
- income level of job offer
- specialization of job offer, particularly IT
- ability to speak German and be charming
- ability to present yourself as a competent middle-class professional
- having all your paperwork together

EU movement rights aside, I'd be willing to bet that you'll get better treatment and better results if the primary applicant is an American with a 200k job offer, rather than an Irish freelance artist. (But having the EU spouse is a huge because they'll know you can take that route if you need to.)


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## ALKB (Jan 20, 2012)

PhillyChic said:


> Hello,
> 
> Thanks for this great forum, which I've relied on so much to move from the US to UK and now am hoping for some advice as I look to move from UK to Germany.
> 
> ...



Article 50 has not yet been triggered and it is generally expected that it will take until about mid-2019 for the UK to leave the EU.

How EU nationals will be able to remain in the UK and British nationals in the EU will depend on the negotiations in the coming years and nobody can guarantee right now how things will pan out.

You basically have three options.

1) Move to Germany as a family member of an EEA national. Your husband will have to show that he is exercising treaty rights which is not that easy as a freelance artist. Positive: You can move right now if you want.

2) You find an employer who is able and willing to sponsor you for a work permit (BlueCard should be possible going by what you described). Positive: Your residence permit is not tied to your husband exercising treaty rights. Negative: Visa/residence permit processing can take quite a while.

3) You naturalise as British and move under your British passport. Negative: You have to wait until you have completed this process, you may or may not have to apply for a German residence permit of some sort after complete Brexit. Positive: A British passport guarantees an easy return to the UK at any time; ILR is lost after two years living outside the UK.


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## PhillyChic (Jan 28, 2012)

Thanks for the words of advice 

It sounds from Nononymous that the US route might be better, I do speak A2/B1 German and could fulfill the other billet points you listed.

ALKB suggests that found the EU way (through 1 of 3 options) would be best.

So I'm still not sure which way is the best, and staying in the UK to get EU Citizenship is a choice that will defer the move for 9 more months (I'd rather do this if it's the easiest option). If I go to the Ausländerbehörde, would they provide me with some advice? Or will I be expected to arrive with everything filled out beforehand.

How long must I be tied to a corporate job? Ideally part of moving to Berlin is so that I could go independent and run my own business doing consulting.


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## ALKB (Jan 20, 2012)

PhillyChic said:


> Thanks for the words of advice
> 
> It sounds from Nononymous that the US route might be better, I do speak A2/B1 German and could fulfill the other billet points you listed.
> 
> ...


The Ausländerbehörde is unlikely to see you without an appointment and is not really one to give advice on the best way for you to stay. Your closest German Embassy or Consulate are better places to ask.

If you go the work permit route, you'd have to apply for a visa that allows conversion to work permit later on. In theory you can also go to Berlin as tourist and apply for a work permit in country but this can take several months to process and you would not be able to work until a work permit has been issued.

Your work permit would be tied to a specific job until you gain indefinite leave - usually 3 years if you are in Germany on a BlueCard or 5 years if on a regular work permit.

After receiving an indefinite residence permit you would be free to start a business. If you want to start a business before that, you would have to switch to a specific residence permit for that purpose - very document intensive and not at all easy to obtain.

Naturalising as British might not take _much_ longer than getting a work permit and you would be free to work or start a business right away. 

Personally, I would go for naturalisation but it's of course your call.

EDIT: If you go as family member of an EEA national, you are not tied to a specific job and can start a business, but husband has to exercise treaty rights and nobody knows what will become of this route.


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## PhillyChic (Jan 28, 2012)

Thanks ALKB, very clear. I think I'll wait to get my UK Citizenship and meanwhile visit the Germany Embassy to sow some seeds/get advice.

Thanks again!


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