# Moving to Germany with EU spouse



## montanesca (Oct 8, 2013)

Dear all,

I need help from someone regarding some EU rights clarification. 

My husband is an EU national, and I am Macedonian, and both of us currently live in the UK. I hold a EEA2 residence permit as he is exercising his treaty rights here.

Currently we are thinking of moving to Germany, and we are more or less familiar with the process for me joining him.
We plan to travel together (Macedonians don't need visa to enter), register our presence and prepare the application for my residence permit. 

Does him exercising treaty rights in Germany grant me the right to work once we go there? Specifically, do I have the right to work even before I have sent the application for residence permit? 

We know that the family members have the same rights as the EU nationals, but I cannot find any specific document proving this general statement or a document that explains profoundly the rights of EU nationals and their family in Germany. 

We just really want to understand all of our rights as a family.


Best to all,
M


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## BethP (May 22, 2017)

Hi there, 

I'm new to this forum and I'm looking for similar advice, can you let me know how you got on?


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## Bevdeforges (Nov 16, 2007)

The key thing here is generally that the EU national in the family must be able to prove that they are exercising their EU treaty rights. Usually means that they must be working (i.e. have a work contract), be a student, or be retired and receiving a pension or other regular income. 

The big "gotcha" here is if the EU national is looking for work, because very often that will NOT meet the standards of "exercising EU treaty rights." 
Cheers,
Bev


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## waqasars (Jun 23, 2016)

Same question i asked to Eu Commission. Please go through from the answer which is given below.

Note: My residence card just approved on 11 May.

Once your husband has applied for a residence card, which is regulated under Article 10 of the Directive, he should be issued the card within 6 months of his application. 

Article 10, paragraph 1 also states that A certificate of application for the residence card shall be issued immediately. , which will be seen as proof that your husband has already applied for a residence card, and which is in the process of being issued. 

The physical residence card is merely a document proving the right of your husband to live and work in Germany. But he has this right even without physically having the card. It is our judgement that article 23 of the above mentioned directive applies in this case: Irrespective of nationality, the family members of a Union citizen who have the right of residence or the right of permanent residence in a Member State shall be entitled to take up employment or self-employment there. 

Therefore, we strongly assume that your husband has the right to work in Germany, even as soon as he has the proof that he already applied for the residency card (even if it still has to be issued). We therefore assume the certificate of application, issued as soon as your husband applies for a residency card should be sufficient proof that your husband has the right to work in Germany. 


Regards,
Waqas


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