# Non EU spouse joining Portuguese citizen--advice pls



## bennieriot (Sep 24, 2009)

My fiance and I are going to be married soon and we are confused by the different laws pertaining to EU, his home country of Portugal, and those in Germany (where he plans to move in a few months). 

Which laws for having a non-EU spouse join you apply? The ones from his own home country (where he doesn't live currently), the ones where he intends to live temporarily (Germany), or do the laws dictated in the EU decree override them all?

*Background information about us:*
Me: US citizen female (currently living in the US)
Him: Portuguese citizen male (currently in France)

We're young and none of us are working at the moment, but I intend to once I can join him and can work legally.

I would appreciate any advice that anyone can give. We have no idea how to start. Do we need to show proof of savings or a job? Which office would we start from? Portugal's or Germany's?

Thank you everyone!


----------



## Bevdeforges (Nov 16, 2007)

What the EU directive requires is that each EU country have a "simplified" process for allowing the spouse of an EU national to settle with their spouse in the country. The exception is that if you are settling in the home country of the EU spouse, the regular national laws apply.

So, in your case, assuming you are going to join him in Germany after you are married, you will need to determine what Germany requires for the non-EU spouse of a (non-German) EU national living in Germany. The specific requirements vary by country within the EU.
Cheers,
Bev


----------



## -mia- (Dec 23, 2009)

bennieriot said:


> My fiance and I are going to be married soon and we are confused by the different laws pertaining to EU, his home country of Portugal, and those in Germany (where he plans to move in a few months).
> 
> Which laws for having a non-EU spouse join you apply? The ones from his own home country (where he doesn't live currently), the ones where he intends to live temporarily (Germany), or do the laws dictated in the EU decree override them all?
> 
> ...


You need to apply where the EU spouse is _residing_ at the time you plan to go live with him. Because neither of these countries are his home country it will be much easier for you to join him as opposed to applying in Portugal.

Good luck & congratulations!


----------

