# Schengen visa to residence permit



## binaryop8 (Aug 17, 2013)

Hi all, an urgent question! The German embassy here in China, has just informed my non-EU spouse that she won't be able to convert the standard schengen visa to a residence permit on arrival, as I had been led to believe was the procedure... They have offered her a 3month long-stay visa instead, but we must go and collect that and use up another 7-10 days and we are cutting it fine before we leave already!

Has anybody been able to convert a normal 'visitor schengen visa' to a residence permit?

We need to know ASAP PLEASE!

Thanks


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## beppi (Jun 10, 2013)

You have to apply for a "Familiennachzug" visa before arrival in Germany.
Approaching the embassy is the right course forward. The visa takes 1 - 3 months to be issued, because it is processed by the local Ausländerbehörde of your place of residence in Germany.


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## ALKB (Jan 20, 2012)

binaryop8 said:


> Hi all, an urgent question! The German embassy here in China, has just informed my non-EU spouse that she won't be able to convert the standard schengen visa to a residence permit on arrival, as I had been led to believe was the procedure... They have offered her a 3month long-stay visa instead, but we must go and collect that and use up another 7-10 days and we are cutting it fine before we leave already!
> 
> Has anybody been able to convert a normal 'visitor schengen visa' to a residence permit?
> 
> ...


Under EU law, the non-EEA spouse of a EU national can indeed convert a short term Schengen visa into a residence card within 90 days of arrival in Germany.

The Embassies just don't like it/are badly trained in EU law/have little experience with the practicalities.

Insist that your application be processed under EU directives!


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## despaired (Dec 22, 2013)

This however will only work if your marriage certificate is recognized in Germany. Check if you need to get the certificate legalized or even worse verified from the Embassy.

Without this, they most likely will come to the conclusion that it is not possible to convert your wife's Schengen visa.

And I am not sure whether that law applies to British Nationals, or just to those who are part of Schengen?? The law ALKB is referring to.


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## binaryop8 (Aug 17, 2013)

ALKB said:


> Under EU law, the non-EEA spouse of a EU national can indeed convert a short term Schengen visa into a residence card within 90 days of arrival in Germany.
> 
> The Embassies just don't like it/are badly trained in EU law/have little experience with the practicalities.
> 
> Insist that your application be processed under EU directives!


Yes, they already issued her with a 'standard' visitor Schengen... No problems!

Then they called to say they thought it would be better if they changed it to a 'long-stay' visa. As according to them we cannot change it for a residence permit in Germany.... My only worry is the time involved, as we're due to fly out on the 29th of this month.


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## ALKB (Jan 20, 2012)

binaryop8 said:


> Yes, they already issued her with a 'standard' visitor Schengen... No problems!
> 
> Then they called to say they thought it would be better if they changed it to a 'long-stay' visa. As according to them we cannot change it for a residence permit in Germany.... My only worry is the time involved, as we're due to fly out on the 29th of this month.



I know numerous people who arrived with a short term Schengen visa and had no trouble applying for their residence card. Where in Germany are you headed?

The residence card is a bit different from a regular German residence permit, so maybe the Embassy is getting confused because they don't have a lot of EU cases?


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## binaryop8 (Aug 17, 2013)

Not sure yet where in Germany, we will arrive in Munich first, as I am in negotiations with Wall Street English about a position, but they've gone quiet recently... I've already had three 'interviews' with them by phone! The latest news was that they were thinking about creating positions in Dusseldorf... I don't mind any of the major cities as I'm also hoping to get some exhibition design work too... Any thoughts?

Thanks for setting my mind at rest with the 'visa question' I'm sure it'll be ok from what I know and have read here and elsewhere.

Peter


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## ALKB (Jan 20, 2012)

binaryop8 said:


> Not sure yet where in Germany, we will arrive in Munich first, as I am in negotiations with Wall Street English about a position, but they've gone quiet recently... I've already had three 'interviews' with them by phone! The latest news was that they were thinking about creating positions in Dusseldorf... I don't mind any of the major cities as I'm also hoping to get some exhibition design work too... Any thoughts?
> 
> Thanks for setting my mind at rest with the 'visa question' I'm sure it'll be ok from what I know and have read here and elsewhere.
> 
> Peter


Hahaha! Wall Street? Really?

Both my husband and my nephew used to work for Wall Street, albeit in Berlin. They take ages to hire. I remember it was very frustrating.

Munich is horribly expensive.

Any bigger city has lots of language schools. Exhibition design... Frankfurt comes to mind, but again, very expensive to live there. 

Do look into Berlin. It's still rather affordable and should both offer opportunities in language and expos.


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## Donutz2 (Apr 14, 2014)

despaired said:


> This however will only work if your marriage certificate is recognized in Germany. Check if you need to get the certificate legalized or even worse verified from the Embassy.
> 
> Without this, they most likely will come to the conclusion that it is not possible to convert your wife's Schengen visa.
> 
> And I am not sure whether that law applies to British Nationals, or just to those who are part of Schengen?? The law ALKB is referring to.


ALKB is referring to Directive 2004/38/ECm it applies to all EU nationals traveling with their non EU direct family members to any other country then the one the EU nationals own country, so yes also to Brits traveling to the Germany with their non-EU spouse.

See the EU website on traveling and residency within the EU for more info and see the actual directive here: EUR-Lex - 32004L0038 - EN - EUR-Lex

Edit: I hope the OP got the visa for his spouse for free, it should have been.


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