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Seeking Daueraufenthalt EG to settle in Spain

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Creado 18/11/2009 3:05

Seeking Daueraufenthalt EG to settle in Spain

Dear knowledgeable people,

Here is my situation, competent replies will be infinitely appreciated.

Currently:

1) I have a Serbian passport
2) I have been married to a German for 6 months (just on paper)
3) I have been living in Germany for 5.5 years, but 3 years are studies.
4) I have a temporary 2-year German residence permit on grounds of being employed (which I had gotten before marriage)
5) I am unemployed, but my partner is employed.
6) I have not been working for 60 months in Germany yet, nor will I ever have been.

I want:

1) Not to work or live Germany
2) To move and to work in Spain

I believed the easiest way to do this is to get Daueraufenthalt-EG in Germany first, fulfilling all "you need to sustain yourself" requirements through my partner, and then just disappearing solo to Spain.

Q1) I just read today somewhere here that Dauerauhenthalt EG does not give me right to work and live in Spain, as Spain still hasn't signed that EU law or something. Is this REALLY true? I read also numerous times that only UK, Ireland and Denmark have not signed this agreement.

In any case, I went to the foreigner's office to inquire about Daueraufenthalt EG, but the angry officer told me immediatelly that I am "not yet eligible". However, after some discussion in which she realized that I got married recently which she didn't have in her computer and that I want to go to work to another EU country, she said "Get out until I prepare a list of documents you need, I'll call you later" (even though I "am not yet eligible", bureaucracy is often intentionally self-contradictory, just to give you hope). The list included one document about the transfer of my partner's pension to me; upon further investigation in Rentenversicherung authority I got to know that I need to be married for at least 1 year before such an agreement could be made. In addition, as 5-year requirement has not been fulfilled yet, since study times are counted only half, we concluded upon calling Spanish consulate that I should go to the consulate and apply there for visa and later for residence in town where I want to live and work -- basically the procedure as if I didn't have any history of living in Germany. The angry officer noted in the end "and I want to see a visa sticker of another EU country in your passport next time", which in fact scared me.

Q2) Is the angry officer right, i.e. am I really still not eligible for Daueraufenthalt EG? I read somewhere on the Internet that 5 years requirement is relaxed to 3 years if you are married.

So I left the process for next year and went to Spain.

Here I realized that there is another way to go. I can apply for "residence card for non-EU family members of EU nationals", but the condition is that the partner moves to reside in Spain together with me of course, which is not our intention. We could however arrange a fictional change of residence: my partner could come to Spain with me and submit all documentation and then leave back to Germany to live and work as usual.

Q3) Is this really possible, could my partner be registered both in Germany and Spain and would this interfere with their work in Germany?

Q4) When will I be eligible for German citizenship?

All in all, my main trillema is which way to go, so that to ripe most benefits with least amount of effort:

1) should I just wait more, in the meantime perhaps finding a little job on black market here in Spain or not work at all, and then next year try to get the permanent settlement permit in Germany, whereupon leaving to Spain where I would then maybe have the same rights as EU citizens, finally ready to start my life here;

2) should I apply for this non-family members Spanish residence, asking my partner to visit me for a day here in Spain; or

3) should I just find a job here, then go back to a Spanish consulate in Germany, get a work visa there, then come back to Spain and apply for Spanish work and residence permit

Options 2) and 3), especially 3) [which is the only fully legal thing], seem to me as if they would annul my history of living in Germany [which is on long run a bad thing isn’t it], yet they appear to be the only sensible solutions if I am to start working legally ASAP here in Spain.

Thank you guys for reading my case and giving me any relevant information, especially if it's from your own experience.

B.

belarada

Usuario desde 18/11/2009

 

Creado 26/11/2009 18:39

Re: Seeking Daueraufenthalt EG to settle in Spain

mkorobeinik1 wrote
klenze17, there's further arguments in i4a that prove that DE-EG gives no direct arbeitsmarktzugang in Germany. I argued with the one you cited that this rule related to particular professions and still gives a lot of professions open, but the last reference given proves the necessity of check for Germany. One has to check the same about Spain.

Hi mkorobeinik1, I have also watched that thread live, and the people there watching here too. I have seen a lot in the past that officials in that site refer to Trust7 several times.

So it seems that DE-EG from other countries does not exempt from work labour check. That means, it doesn't make any diff whether you have DE-EG or not (for Germany). My theory in my prev posts are, if Germany does this to other EU member countries, then the other EU member countries might have similar restrictions. If my logic is correct and provable, then DE-EG does not have any advantage. This makes DE-EG redundant.

The case with Spain is very complex. I have read Aalvarez' link. That case has to be clarified in the uppermost legislative authorities, which might to go to European Court of Justice or European Court of Human Rights.

Maybe I will write in the future to authorities in EU institutes about the status2003/109/EC in Germany. According to all data here, 2003/109/EC doesn't have any place to be applied in EU... If this is the directon, then it will be a redundant directive which is practically useless but extremely corner cases for 1-2 people.

Klenze17

klenze17

Usuario desde 30/12/2004

 

Creado 29/11/2009 16:50

Re: Seeking Daueraufenthalt EG to settle in Spain

>What if you just try to fulfill the legal requirements as most of us -decent foreigners- do?

I am trying to fulfill the legal requirements just like most of you decent people do! Where did you get the idea that I am trying to evade them? The fact that I want to spend the least amount of effort and work while fulfilling these [ambiguous as such] requirements does not make me less decent I hope (I am not a protestant after all! . I decide to operate on the formal level just like bureaucracy does, and therefore I do not intend to make my life-important decisions in reality according to the rules, but only to simulate obediance to them, except when there is no other solution.

belarada

Usuario desde 18/11/2009

 

Creado 06/03/2010 23:58

Re: Seeking Daueraufenthalt EG to settle in Spain

Does anyone know HOW to check if Spain has implemented the law and if it has imposed restrictions on Dauer...t-EG that would render it useless? Sorry for waking up this thread, but I haven't moved a single inch from my situation in November!

Thanks for any info.

belarada

Usuario desde 18/11/2009

 

Creado 07/03/2010 9:54

Re: Seeking Daueraufenthalt EG to settle in Spain

Please look at my posting in this thread, In the link below I had refered the weblink of EU whether Spain has implemented the law or not:

http://trust7.com/...to_settle_in_spain__5

Also, info4alien has a lot of themes related to your problem (links are in German):
http://www.info4al...BB.cgi?num=1263289497
http://www.info4al...BB.cgi?num=1260062484
http://www.info4al...BB.cgi?num=1255888127
http://www.info4al...BB.cgi?num=1254839807
http://www.info4al...B.cgi?num=1253221982/
http://www.info4al...B.cgi?num=1242195636/

You can also achieve the same list by going to Info4Alien (web portal for foreigners in Germany, officials directly answer the questions) and then type "daueraufenthalt spain" in "Suchen" by choosing explicitly "search for me all articles for more than one year" etc. Please note that this site is in pure German!

HTH.
Klenze17.

klenze17

Usuario desde 30/12/2004