1,337 views
Dear Sir or Madam

I am Temporary Residence 2 years Card holder of Portugal and Indian Passport holder and my Wife Poland Passport holder and She has anmuldung in Germany and she has Personal Apartament in Germany, but she is not working in Germany.

We have married out side of Europe and We have got the married Certificate with Apostilled and translation in German Language.

Me and my wife have also Birth certificate translation in German and English language.

I was have Asylum in Germany, But my case is closed and my data also all deleted by BMF AND AUSLANDERBEHORDE, AUSLANDERBEHORDE SENT TO US ASYLUM DATA DELETED  COPY BY MY ADVOCATE.

So we have married.

Now what is the next process, how I can make anmuldung in germany and how I can get my working permission and what documents need for me, if I am working or not working.

I can do by self or I need to hire the advocate. Please tell to me Information, Thanks for all.

Sehr geehrte Damen und Herren

 Ich bin Inhaber einer 2-jährigen Karte mit vorübergehendem Aufenthalt in Portugal und Inhaber eines indischen Passes und meine Frau ist Inhaberin eines polnischen Passes und sie hat eine Anmuldung in Deutschland und sie hat eine persönliche Wohnung in Deutschland, aber sie arbeitet nicht in Deutschland.

 Wir haben außerhalb Europas geheiratet und die Heiratsurkunde mit Apostille und Übersetzung in deutscher Sprache erhalten.

 Meine Frau und ich haben auch eine Übersetzung der Geburtsurkunde in deutscher und englischer Sprache.

 Ich hatte Asyl in Deutschland, aber mein Fall ist abgeschlossen und meine Daten sind auch alle gelöscht von BMF UND AUSLANDERBEHORDE, AUSLANDERBEHORDE AN UNS GESENDETE ASYLDATEN GELÖSCHTE KOPIE VON MEINEM ANWALT.

 Wir haben also geheiratet.

 Was ist nun der nächste Prozess, wie kann ich in Deutschland eine Anmuldung machen und wie bekomme ich meine Arbeitserlaubnis und welche Dokumente brauche ich für mich, ob ich arbeite oder nicht.

 Ich kann das alleine machen oder ich muss einen Anwalt beauftragen.  Bitte sagen Sie mir Informationen, Danke für alles.
asked Aug 10, 2022 in Information & Offers by gurpreetsingh1987kkr | 1,337 views

Dear @gurpreetsingh1987kkr

welcome back to our community and thanks for reaching out to us again. I remember that you have already asked a similar question on our platform. Here is the link to the answer of my dear colleague: https://***.wefugees.de/812220/dokumente-benötige-aufenthaltserlaubnis-ehepartner-bürgers 

In addition to it, I will also link our dear experts here @mbeon-Christine and @mbeon-Éanna, maybe they can have a **** at your question and help you with an answer. 

Kind regards, Julia

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1 Answer

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Hi @gurpreetsingh1987kkr,

You did not mention if your wife is working or not. Your rights of residency in Germany are based on whether she is making use of her special freedom of movement rights as an EU citizen in Germany. Most commonly this is done by having a job of at least 8 hours a week. If this is the case, you are entitled to a residence permit as her spouse and will have the right to work.

You need to provide this proof of her freedom of movement rights (e.g. with a work contract for her) along with your own documentation to the Ausländerbehörde and they should issue you with a residence permit. Please be aware that due to your own residency history in Germany (as much as I can tell from your question), the Ausländerbehörde may question you about the legitimacy of the marriage.

You do not need a lawyer to apply for a residence permit.

answered Aug 12, 2022 by mbeon-Éanna
Hallo, Does it mean that the spouse cannot be granted residence if the EU partner is not working?

Hi @Donmorris 

The most common way a non-EU spouse can be granted residence is if the EU partner is working. The partner does not have to be working full-time, as noted above in my answer. It is also possible if the EU partner had been working but is now unemployed. In this case, it depends how long they had been working and how their employment ended. 

The only other options to my knowledge are: 

1. The EU partner has permanent EU residency (Daueraufenthaltsrecht) 

2. The EU partner has sufficent financial resources themselves aside from working. This is called 'Nicht-Erwerbstätige mit ausreichenden Existenzmitteln'. In this case, the partner must also have German health insurance, usually having to pay for it themselves.

Thanks for your response... My Eu partner is Polish citizen but reside in Germany. She has worked about 5 years before now. But since 2023 she has been receiving financial support from Job center. Although she still have a
mini job. In that case, do I stand a chance in getting the residence? Or the government would ask the both of us to go get a full time job before granting me the residence?
You're welcome. Yes, in that case you can receive a residence permit as her spouse. Whether you work or not is not relevant in this situation. She is the EU citizen and as she is working, she has the right to have her family members also with her in Germany.

For her own situation, it may be worth her for her to apply seperately for an EU permanent residence certificate 'Daueraufenthaltsbescheinigung'.  This is a certificate given to EU citizens after 5 years of living in Germany. They must show that they have had the right to be in Germany for the 5 years but this does not necessarily mean working 5 years non-stop. There can also be periods of unemployment but it depends on the exact circumstances of the unemployment. Here is the information about the certificate in Polish:

https://europa.eu/youreurope/citizens/residence/documents-formalities/eu-nationals-permanent-residence/index_pl.htm

She does not have to apply for it, it can just make it easier if she has to prove her status for things like your residency or getting help from the Jobcenter in future.
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