# American and French Spouse



## sangel10 (Jul 22, 2012)

I am an American citizen who recently moved to Berlin with my wife who is French. We got married in September, found an apartment for a year starting in October, moved in, and registered at the Burgeramt. 

Right now I'm working on getting a residence permit. Should I automatically be granted one, as I my spouse is an EU citizen? 

Neither of us are employed at the moment; I am working on my own start-up which I'm funding through savings, but I don't have the type of money they need here to apply for residency as someone starting a business, and my wife just finished a 1 year contract teaching French at a University in the States, where we met, and is currently looking for work. 

What is the procedure for us to be apply to be residents here? I am assuming that she, given EU Free Movement should be granted the right (is it still "Residency" for EU citizens?) to live here and that I could apply for Residency with my reason for applying being "family reunification."

What are the forseeable difficulties with this plan? Is it even feasible? As a back up option I am considering enrolling in a language course (so far I have been studying Germany daily with her for an hour or two, but I could enroll in a course if it really becomes necessary) in order to apply for the language student residence permit, but this is obviously less desirable as it does not allow you to work and is for a shorter time (i.e. 1 yr vs 5yrs) - which will mean by the end of it I'll have less money saved and no job (legally) and be in a worse position to apply for residency. 

Am I understanding all this stuff wrong? Any help would be greatly appreciated.


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## Bevdeforges (Nov 16, 2007)

I don't how it works in Germany, but the EU regulations on this subject basically give a non-EU spouse of an EU national the right to join their EU spouse in any EU country. What some countries require, however, is that the EU spouse be "exercising their EU mobility rights" - which seems to mean that they need to have a reason for being there in the first place. This is usually taken to be a job, studies or retirement. And practically speaking, it means that the EU spouse has to have some means of support and a place to live.

We've run into problems over in the French forum when it's the non-EU spouse who is the breadwinner in the family or if the EU can't really claim to be exercising their EU rights in some manner. Germany is usually a bit easier to deal with in such matters, but you first have to find out what the rules are, because they WILL enforce the rules exactly as they are written.
Cheers,
Bev


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## ALKB (Jan 20, 2012)

sangel10 said:


> I am an American citizen who recently moved to Berlin with my wife who is French. We got married in September, found an apartment for a year starting in October, moved in, and registered at the Burgeramt.
> 
> Right now I'm working on getting a residence permit. Should I automatically be granted one, as I my spouse is an EU citizen?
> 
> ...


In the first three months you'll be fine in any case, job or no. 

Go to the Auslaenderbehoerde (U-Bhf Amrumer Str., then a 10 minute walk) and 'announce' that you have taken up residency in Berlin. Normally you should both fill in the same form. (Go to the EU department, where they give out the free movement certificates for EU citizens, they should be the right people and if not, they are not really busy and can point you in the right direction.)

As far as I know you don't need to, but you can try to call and make an appointment. They only answer the phone outside visiting hours - Wednesdays and Fridays, I think. Alternatively, you can make an appointment through th eonline system.

It does not matter how much your wife earns, by the way. She can get herself a 'Mini-Job' and earn € 400 and still she'd be exercising treaty rights.

As the Aufenthaltskarte is free of charge I'd just try my luck and go right away to apply for it. Your wife can say she is a jobseker at the moment. I did hear of at least one case in which the 5-year residence card was granted right away.

It does take about three weeks to be printed, though.


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