Every person who holds the nationality of a state that is a member of the European Union is also a citizen of the European Union. Consequently, all nationals of member states are EU citizens. However, it falls within the competence of each member state to determine the conditions for acquiring and losing nationality. In other words, every national of any EU member state holds dual citizenship — national and European — and may freely exercise both, exercising the rights and obligations associated with each. What does having European citizenship provide? European citizenship grants the right to move, reside, work, run a business, and more throughout the entire European Union. Freedom of movement, above all, makes it possible to relocate to another EU country, in particular for economic reasons. In doing so, EU citizens do not need to apply for a residence permit from the immigration authority. EU citizenship also grants the right to receive education in any EU country.
Family members of an EU citizen are entitled to apply for permission to reunite with their spouse — an EU citizen — and to obtain a residence permit in the EU member state. In doing so, the spouse who is an EU citizen must meet the conditions set out under national law. That is, they must be financially independent — have sufficient means to support themselves and their family members; have a job or their own business, or be enrolled at a university; and hold health insurance.
Processing Times
The German embassy is obliged to review a family reunification application within a reasonable time — in case of an unjustified delay, an action for failure to act (Untätigkeitsklage) can be filed.
Elena — as we will call our law firm's client — a Russian national, married a citizen of one of the Baltic republics and moved to join him there, holding a residence permit in that republic. Both of them had jobs in the Baltic country and they have a child together. But now Elena wanted to live in Germany. The lawyer explained to the client the provisions of EU law governing the possibility for a third-country national — that is, a national of a country outside the European Union — to obtain a residence permit. He explained to her that, provided certain prerequisites were met, she was entitled to obtain a residence permit in Germany. However, obtaining a residence permit does not at all mean gaining all the privileges enjoyed by German nationals and EU citizens.
Elena's husband has a business in the Baltic republic but no business in Germany. For his wife, as a family member, to be able to obtain a residence permit in Germany, he must prove that in Germany, too, he is financially independent of the state and able to support himself and his family members.
We would like to explain to our readers once again — an EU citizen who does not hold German citizenship, for example a citizen of one of the Baltic republics, cannot simply come to Germany, settle here, and file documents for reunification with a spouse who is a third-country national. To do so, he must have his own business in Germany, or be an employee, or be engaged in a liberal profession with the ability to obtain work in Germany or set up his own firm.
On the lawyer's recommendation, Elena's husband bought an apartment in Germany, registered his own company, and started his own private business. He took out health insurance. We provided legal support to the client at every stage. We then explained to the client that he had to provide the immigration authority with proof that he had a steady income — that is, that his company was operating and generating profit. A few months after the company's registration, we gave the clients a list of documents that needed to be prepared to obtain a residence permit in Germany. Once the clients submitted all the documents, we carried out a legal review of them, helped draft the relevant application, to which the lawyer attached his supporting justification, and accompanied them to the immigration authority. After reviewing the set of documents and the lawyer's justification, the authority had no further questions for our clients. Elena was issued a residence card for a family member of an EU citizen valid for 5 years (usually, such a permit is initially issued for only 6 months). This card entitles her to live in Germany, work or study, run her own business, and move freely. In addition, spouses of EU citizens who reunite with their EU-citizen spouse are exempt from taking a language test, providing proof of financial independence, and so on.
What can be said in conclusion? There are no unsolvable problems — only an incorrect or incompetent approach to solving them. A lawyer's job is to help their clients. And the first stage of that help is a qualified consultation. After that, it is up to the client to decide — whether to handle the matter on their own, having received the specialist's recommendations and advice, or to entrust the case to the lawyer.
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