Posted on 26/11/2009 4:26 pm

Re: Seeking Daueraufenthalt EG to settle in Spain

Hi mkorobeinik1,

as also mentioned in the thread, EU countries may put restrictions to flexibility of the Council Directive:

...Article 11

Equal treatment
...
3. Member States may restrict equal treatment with nationals in the following cases:

(a) Member States may retain restrictions to access to employment or self-employed activities in cases where, in accordance with existing national or Community legislation, these activities are reserved to nationals, EU or EEA citizens;

Now if someone who got DE-EG in a EU member country other than Germany but wants to work in Germany, then they will use the law item §38a Aufenthaltserlaubnis für in anderen Mitgliedstaaten der Europäischen Union langfristig Aufenthaltsberechtigte ( http://www.aufenth...aufenthaltsg.html#38a ) will override DE-EG and you need a work permit with work labour check (Arbeitmarktsprüfung/Vorrangsprüfung). For more information: Verwaltungsvorschriften AufenthG ( http://www.bundesr...onFile.pdf/669-09.pdf )

Then I ask myself what does DE-EG give more? Nothing! Any country will use this item to restrict DE-EG, as also mentioned in the thread.

We don't know if Spain signed or not but suppose they signed, we don't know if they restrict or not Worst case, they must have restricted. It makes sense to me that Spain must not have signed the Directive because this country suffers from illegal immigrants coming with ships through the coasts or touristic places in the last years.

DE-EG seems to be redundant in this aspect.

Klenze17.