Hello. I am British my husband is Nigerian, we live together with our 4 children in Germany. My husband acquired a GB Aufenthaltstitel (after brexit) in january 2021 because  he is related to a British citizen, We got married in May 2021. we plan to send the children to the UK to live with my parents so that they can school there! I will remain here in Germany with my husband would this affect anything to do with hes residency permit ? Thank you in advance ☺
asked May 8 in Legal advice by Kells878

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2 Answers

+1 vote
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Dear @Kells878, if I understand you correctly, you came to Germany with your family after you got married last year. For this, you had to have applied for and received visas and then later a residence title. The children are of course included in the right of residence as a family. However, they are certainly not the reason why the residence title was granted. I also assume that your children have British citizenship. In this context, as long as all the necessary regulations in Great Britain are fulfilled (such as custody regulations, financial security, etc.), the children can live and go to school there. I agree with Meike's statement that you should definitely see what kind of residence you and your husband have here in Germany. In order to be sure, you have the option of contacting a local migration counselling centre with your questions, directly to your local foreigners authority or you can contact me via MBEON. There, in a protected counselling session with more concrete details, I can better assess and answer your situation. I wish you and your family all the best. Best regards Gabriele
answered May 16 by mbeon-Gabriele
Thank you for your answer :)
+1 vote

Dear @Kells878

Welcome back to the Wefugees Community and thank you for reaching out to us again. 

I am not familiar with the (new/post-Brexit) UK related residence regulations in Germany. If you got married after the issuing of the residence permit, your husband's residence permit might be connected to the children, I assume? However, I don't think that it is not possible to obtain the residence permit as spouse instead of father of a UK citizen (if your children live outside Germany). In that case, you need to talk to the immigration office. Of course it will be important that your marriage is officially registered and recognized here. It might be also interesting to check what exactly is written on the residence documents. 

I will link my dear colleagues @mbeon-Gabriele and @mbeon-Christine here as well. Maybe they are more experienced in this field and can add some information. 

In any case, please also don't hesitate to get back to us with any further questions. 

All the best, 

Meike

answered May 13 by Meike
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