# Spouse of UK citizen - visa for Germany?



## Pixie88

Hi there,
I am an Australia citizen living in the UK with my fiance and coming up to the end of my 2 year visa. We are getting married next month but as we don't meet the requirements for a marriage visa we have decided to move to Germany in May for at least 6 months.
I know my partner is able to work in Germany as he is a British citizen, I was just wondering what options I have. I would like to have to option of working in Germany as well so would I apply for a visa before we leave the UK or is it possible for me to get a work permit once we are there?
And does anyone know what visa/work permit I would be eligible for as the spouse of a UK citizen? Information I've found online is a bit vague
Cheers


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## usgirl

Hi there! Im pretty dire you can apply for an eea family permit. It's free to apply. And even better family permits are processed with priority. I am a us citizen married to an Irish man and we both live in the UK. I have a family permit to live in the UK. However, we are thinking of moving to Germany for a job for him. I am wondering the same thing as you-whether or not we have to get a permit before or if I can just go after I get there. I've read some places that you can just go to the Auslaenderbehoerde and you can apply there, and they will give you a residence card....but I'm not convinced. What information are you finding?!?


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## douglasphil

First apply for visa then move there. It will take 2 or 3 months only once you will get visa then sift there.


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## Pixie88

Well we are wanting to leave in May so I'm not sure I even have time to apply for a visa.
I found this on another website (it won't let me post the link)
_"EU-citizens have the right to enter Germany without a visa and reside here without any further pre-requisitions. Furthermore, they have the right to search for a job for 6 months. Family members, who are accompanying them and have a non-EU citizenship only, have to apply for a visa but the visa has to be issued immediately (even directly at the border) free of cost. A violation of this duty to have a visa may not result in a denial of further residence, according to the European Court of Justice, if the right of freedom of movement is existent."_

I don't really like the idea of just applying for a visa at the border either but it seems like the easiest way.


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## James3214

If you have less than 5 posts we don't allow links but that website is completely wrong. EU citizens can come and go and look for work as they please (as in other Schengen countries) As you have an Austrialian passport you don't need a visa to enter Germany and as you will be a 'spouse' you can get a residence permit which will allow you to look for work. Maybe other posters can correct me if I am wrong but that is the way I understand it.


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## Pixie88

Thank you, I did think the 6 month thing was a bit odd, though it shouldn't be a problem for us either way as the aim is for my partner to find work in Germany asap so I can then qualify for an EEA family permit to come back to the UK.


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## CampoKid

The six month thing, and the website are correct. 

Although this European treaty allows free movement, you must be exercising your treaty rights - by working - as this is exactly what this treaty is for. 

Germany requires that register as a job-seeker when looking for work, then gives you 6 months to find it - a reasonable amount of time

If you are not looking for work, you don't need to register as a job-seeker, and can stay as long as you like. As long as you have health insurance and can prove you have the means to support yourself. 

Other countries are also adopting similar strategies to handle the potential influx of European citizens. 

Yes, this all appears to be illegal under European law, but any challenge would be likely to fail, as the countries concerned have given you reasonable time to exercise your treaty rights.

Incidentally, the actual length of time you have to execute these rights is 3 months.


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## CampoKid

I should add though, that you are 'asked', not forced, to leave. I guess they don't want to start that legal challenge.


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## Antonia29

Hi There, Im a German citizen myself and my fiance is also Australian. we both live int he UK at the moment and he has an EEA2 visa which im sure you would qualify for if u have been and lived together for 2years. You would have to prove that though. As far as Germany goes you can apply for a visa inside Germany but we found that they tend not to be very helpful and it can be very complicated. Since we are moving back to Germany in May aswell we are lookking for a visa for my fiance as well. We thought of a working holiday visa since working permits have been hard to get for us... we will apply here in the UK but we are not sure how yet... Maybe anyone else knows?


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