Hello, i refer to my question i ask  in May,i have started the process , i have submitted the marriage certificate  and Foreign authority has ask me to submit my passport.
They also ask me to proof that my wife has the right of free movement  as EU member ,which to my understanding they are asking weather she is work.
 The question i will like to ask about this is that, if she has not started working  but i as a husband has full time permanent job, can  Foreign authority still consider this and issue residence permit for me. Consider that my asylum has ended, i just want to use marriage to get residence permit.
Secondly, if she get job in another city that is far from our residence address,can they accept this, she got an employment offer in Berlin,while we are living in VIersen. She will be staying with her friend  and comes home every two week.
She has already started the  process for that by getting  her OAK card and still waiting for her tax identification number.
 Kindly enlight on this.

asked Jul 12, 2022 in Legal advice by Idowu | 169 views

Dear @Idowu, welcome back to Wefugees, thanks for giving us an update on your current situation and sharing your questions with us. I will link our dear experts @mbeon-Éanna and @mbeon-Ruth here, maybe they can help you with an answer. All the best, Julia

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1 Answer

+3 votes
Hi @Idowu, You cannot receive residency the other way around, i.e. if you are working and your wife is not. It is a particular right just for EU citizens that if they are making use of freedom of movement rights (most commonly by working or studying), that their partner from outside the EU has the right to a residency permit. If she works, it needs to be a job of at least 4-5 hours a week (or an income of about 100€ a month) in order for her to receive worker status and have the right for you to live here. If she only works a low amount, e.g. a Minijob, then the authorities may say this is not enough. However, there are court decisions which have confirmed that even earning a low income gives someone these rights. If she works in another city, then your rights as a family member will be secured. However, in this situation the authorities are likely to examine your relationship more closely. As your residency rights will be solely as a result of the marriage, they may doubt whether it is a real relationship. You may be asked to provide evidence of the relationship and interviewed separately about each other. You are not, however, obliged to live together. Best, Éanna
answered Jul 14, 2022 by mbeon-Éanna
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