# *help needed* Moving from Hong Kong to Germany with British passport...



## uwewong (Mar 4, 2016)

So let me first explain the status and situation here before going into what I need help with.

*Myself...*
British AND American passport
Want to study in Germany in Wintersemester 2016 (in about 6 months time)
Want to work while studying in Germany

*My wife...*
Hong Kong passport
Would be coming with me to Germany
Want to work while I make my studies in Germany

At the moment, we both live in Hong Kong and we own an appartment together under our names. I want to go to Germany to study and I believe that as a British passport holder, all I have to do is basically just come, find an apartment to stay in and just start my studies. But what's the case with my wife's situation and how should the process be like in order to have her come join me when my school in September starts??



So I have quite a few questions that I must clarify but I really have trouble finding information from the internet for them...

1. To my understanding, since I have an EU passport, my wife should be able to get a Visa to come to Germany by just filling out applications. Is that really it? There is nothing else that I should prepare besides the requested documents?

2. Reflecting the above point. Should I rent an apartment FIRST and show the embassy that we have at least somewhere to stay? If that's the case, then we need to come here to find a place first *before* applying for her Visa. So that means maybe I have to make a trip to Germany, find an appartment and sign a contract that we will be renting the appartment for a few years...?

3. Or they simple want to see my "Aufenthaltstitel"? But for me to get that, I need a place to stay right? So that also means I really have to rent a place first, apply to get the "Aufenthaltstitel" in my passport, wait a few weeks to get it approved and then fly back to Hong Kong and have my wife use it to apply for the Visa. And the Visa will take maybe 10-12 weeks to get approved I heard. So then I will be paying 3 months of rent while I am not staying in the appartment!!!! No way... Must be another option for this...

4. Does Germany embassy have anything against approving this type of "Joint Family" visa? I mean besides certificate of our marriage, is there anything else that I have to show the government that we really are married and are not doing any human trafficing stuff?

5. What are the chances that my wife can get a visa to come to Germany and to work here according to the above mentioned details...?

6. Are there any other options? I don't really want to waste money and fly to Germany just to rent an appartment and leave it empty for a few months and yeah.... Would the embassy approve a Visa even we don't have a place to stay *YET* or haven't applied for an "Aufenthaltstitel"? What is the most important for them? Can I just maybe show them a receipt saying that I have already paid for a house rental from Airbnb for 1 month and will look for a real appartment to settle in during that month. Would that be ok? Cause then that would be WAY EASIER to do...

7. Or have a friend just fake a letter saying that I will be staying there even though my friend is in Stuttgart and we will be staying in Frankfurt... Will the government check?

8. Please help us...anyone...

I thank very one in advance for the help!!!!

Uwe Wong


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## tcreek (Sep 13, 2010)

I could be wrong, but didn't the UK issue different passports to those living in Hong Kong which are not valid for free travel in the EU because they did not want the entire population of Hong Kong flooding into the UK after they turned the area back over to China?


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## uwewong (Mar 4, 2016)

you are right, its called a BNO. but the UK passport i have is a proper british passport. I go through the customs in germany in the EU line.


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## Bevdeforges (Nov 16, 2007)

I'm sure someone with specifically German experience will come along soon, but as long as you have a genuine British passport like you say, your wife only needs to legally enter Germany (i.e. with a Schengen visa - like a tourist would) and then she can apply for a residence permit, providing proof of your marriage, the usual i.d. documents, and proof of your status in Germany (i.e. what are you doing there? working, studying, etc.).

It's one of the EU rules regarding residence permits for the spouses of EU nationals. 
Cheers,
Bev


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## uwewong (Mar 4, 2016)

yes it is a genuine one. parents were there for like 10 years back in the 80s. they got the passport through naturalisation so yeah...

anyhow, that would be damn easy if she can just enter with schengen... would be great if someone here can confirm this! would safe A LOT of time and money!

thanks in advance!


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## Bevdeforges (Nov 16, 2007)

Workers' and pensioners' EU family - Your Europe

From the Europa website, which is the official website for the EU. It's a bit vague on details, but the principle is explained a bit.
Cheers,
Bev


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## uwewong (Mar 4, 2016)

ok what if we are both in hong kong at the moment. we can just come first AND THEN find a place to live? after that, i got register myself...then with the registration, I can have my wife get her residence permit while using a schengen visa?

cause what really challenges our situation is that i don't have a place to stay... i mean i can of course fly to germany right now, rent a place, register and go back to hong kong with the papers for my wife WHILE i have to leave the appartment in germany empty till i come back and at teh same time paying the rent...


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## HKG3 (Jan 11, 2015)

If you are going to Germany to study, can your German university's student office offers any help in getting a place near the university closer to the time when you start your course?

The link below have some info on how to register in Munich - 

Landeshauptstadt München - EU Citizens, Citizens of Norway, Liechtenstein, Iceland and their Families

As a British Citizen exercising EU treaty rights, you will need to register yourself and your family members with the local authority in Germany. This is similar to the hukou system in China.


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## uwewong (Mar 4, 2016)

thanks for the reply.

i don't know if i understood you wrongly, but yes the schools can help me find places... but the matter i am trying to improve is the time cost. finding a place to stay now or before school starts isn't a problem....

if i find a place to stay now, i register myself and then i fly back to HK with my papers and the appartment will be empty while i am still paying the rent. this will WORK of course but i don't want to waste the money to PROVE that i am already living in germany. and if I find a place just before school starts, that means i have to delay my wife's departure from HK to germany because she has yet gotten her visa due to my late papers.

or do you mean if universities can help me fake a residency? like they let me register myself as living in one of their dorms and use that paper to get my wife a long term visa?


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## HKG3 (Jan 11, 2015)

uwewong said:


> or do you mean if universities can help me fake a residency? like they let me register myself as living in one of their dorms and use that paper to get my wife a long term visa?


Not at all! What I meant is that the university accommodation office may have information on local landlords - I am sure that you can get such details via e-mail and get in touch with them once you arrive in Germany.


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## HKG3 (Jan 11, 2015)

Bevdeforges said:


> she can apply for a residence permit, providing proof of your marriage, the usual i.d. documents, and proof of your status in Germany (i.e. what are you doing there? working, studying, etc.).
> 
> It's one of the EU rules regarding residence permits for the spouses of EU nationals.
> Cheers,
> Bev


Bev

Will the OP need to get his marriage certificate professionally translation into German (if it is not in the German language) in order to apply for residency in Germany?


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## Bevdeforges (Nov 16, 2007)

That's the part I was hoping to have someone with experience comment on. There is the EU regulation, and then there are the local procedures supporting the EU rules. 

But generally speaking, I would expect they might want a marriage license translated - especially if it's in Chinese.
Cheers,
Bev


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## ALKB (Jan 20, 2012)

1. To my understanding, since I have an EU passport, my wife should be able to get a Visa to come to Germany by just filling out applications. Is that really it? There is nothing else that I should prepare besides the requested documents?

*If Hong Kong nationals need a visa to enter Germany, she'd need to apply for a short term Schengen visa to accompany you. As the spouse of an EEA national, there is no visa fee and processing time should not exceed 15 days. Local reception staff may not be familiar with EU freedom of movement rules.
*

2. Reflecting the above point. Should I rent an apartment FIRST and show the embassy that we have at least somewhere to stay? If that's the case, then we need to come here to find a place first *before* applying for her Visa. So that means maybe I have to make a trip to Germany, find an appartment and sign a contract that we will be renting the appartment for a few years...?

*It's not a must but the form does ask for where you are going to stay in Germany. A hotel would be fine. Where are you planning on staying at first?*

3. Or they simple want to see my "Aufenthaltstitel"? But for me to get that, I need a place to stay right? So that also means I really have to rent a place first, apply to get the "Aufenthaltstitel" in my passport, wait a few weeks to get it approved and then fly back to Hong Kong and have my wife use it to apply for the Visa. And the Visa will take maybe 10-12 weeks to get approved I heard. So then I will be paying 3 months of rent while I am not staying in the appartment!!!! No way... Must be another option for this...

*As an EEA citizen, you don't (can't) get an Aufenthaltstitel, as you are covered by EU free movement. What you need is to register your residence with the authorities, as everybody else has to do, including German nationals.*

4. Does Germany embassy have anything against approving this type of "Joint Family" visa? I mean besides certificate of our marriage, is there anything else that I have to show the government that we really are married and are not doing any human trafficing stuff?

*You have to write a letter stating that you want your wife to accompany you, you need to provide either your original passport or a certified copy of it and you might have to have the marriage certificate translated and apostilled - ask the Embassy. If you have an acceptance letter/immatriculation certificate from the German university that would also be good, as it shows that you will be exercising treaty rights.*

5. What are the chances that my wife can get a visa to come to Germany and to work here according to the above mentioned details...?

*Pretty good. It's hard to refuse visas for spouses of EEA nationals exercising treaty rights.*

6. Are there any other options? I don't really want to waste money and fly to Germany just to rent an appartment and leave it empty for a few months and yeah.... Would the embassy approve a Visa even we don't have a place to stay *YET* or haven't applied for an "Aufenthaltstitel"? What is the most important for them? Can I just maybe show them a receipt saying that I have already paid for a house rental from Airbnb for 1 month and will look for a real appartment to settle in during that month. Would that be ok? Cause then that would be WAY EASIER to do...

*See above. Schengen visa for EEA spouse is already the easiest entry clearance to get. Anything else would be MUCH harder. While she has the right to stay and work as soon as you start exercising treaty rights, it's unlikely for any employer to give her a job without having a residence card. Also, you need to look into health insurance for her. You both need health insurance from the day you register (provider will backdate fees to the registration date). I am not sure whether student insurance allows for free family insurance for spouses.*

7. Or have a friend just fake a letter saying that I will be staying there even though my friend is in Stuttgart and we will be staying in Frankfurt... Will the government check?

*Hotel, AirBnB, holiday let would be fine. If you say you want to study in Frankfurt then giving an address in Stuttgart would indeed be a problem. There is no need for faking anything so don't do it. Don't forget to register any new address within a week of moving!*

8. Please help us...anyone...

I thank very one in advance for the help!!!!

Uwe Wong


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