Hey! I hope any of you can help me with this situation. I am Italian and live in Germany. My boyfriend is American and we are trying to get him a visa to move with me.
I know that Germany requires to be married to get the family reunification visa, and that no other document works.
But while I was looking for information about that (we don’t want to get married for a visa if possible), I found this section about close relatives that mention partners.
It says the following:
Close relatives
You are deemed to be a close relative if you are a family member, foster child or non-married partner of an EU national.
You may also be granted a right of residence under certain circumstances. The following requirements must be met in all such cases:
The EU national who is your close relative (or his or her partner) provides you with maintenance in the long term (at least two years as a rule) and not just temporarily, or
you have lived together in the household of the EU national for at least two years prior to moving to Germany, or you are not just temporarily dependent on the personal long-term care of the EU national for serious health reasons.
Here is the link: https://www.bamf.de/EN/Themen/MigrationAufenthalt/ZuwandererDrittstaaten/Familie/NachzugZuEUBuergern/nachzug-zu-eu-buergern-node.html
Has any of you ever tried this? We are planning to talk with an attorney but we are struggling to find that so I figured that in the meantime asking here could work 🙂
by Open_Ring2984
3 comments
We did it during the COVID shit. My then gf (now wife) was stuck in a South American country and our daughter was born there. I am not a EU-citizen but still the girls were given residence permit, I just had to show that I would be taking care of my gf’s health insurance.
Very interesting, I’ve not seen this before. The law text is pretty vague and gives no hint regarding how to prove that you are “planning to stay together longer than temporarily” or what that even means.
Section 2 is also written in a weird way, as it mentions “it needs to be thoroughly investigated if the residence of the non-union person is necessary regarding finances and the relationship to the union citizen”. Does that mean if you love each other a lot and the union citizen is sad you are allowed to stay, but if the union citizen is only a little sad when you are apart its okay? Sounds very subjective.
https://www.gesetze-im-internet.de/freiz_gg_eu_2004/__3a.html
Beyond that, have you considered a different kind of residence permit? Study, language learning, work, opportunity card? If your boyfriend has a degree it should be easy to get a opportunity card or study visa. Language learning is also easy if you have the funds. Work residence permit can be pretty tough because finding a job as a foreigner is not easy, especially if language skills are missing.
Just get married. Germany doesn’t recognise unmarried partnerships.
Do you have enough funds to support your partner including health insurance? Do you earn enough for a VE?