Expatriates Asked by Pablo Pinés on January 16, 2021
I am from Spain, in some months I will start working in Munich for an international organisation, and I want my girlfriend from Colombia to come with me. I have been told by friends living there that it is possible to marry in the Spanish consulate, so I am planning to send her an invitation letter as in Spain so that she can come three month and during that time we arrange everything.
But I am wondering if the Verpflichtungserklärung would be enough or if I should send her something else too, and what should we do, after getting married, with the german authorities in order to get a visa in Germany for her. I believe that, as other international organisations, my new work will most likely help us providing some kind of special visa for her, but I would like to know what to do in case that is not possible.
To expand on nvoigt's answer, your future wife will be able to benefit from the EU's freedom of movement directive (Directive 2004/38/EC). No Verpflichtungserklärung will be necessary, and she will have no requirements other than to prove her relationship to you and that you are a Spanish national living and working in Germany.
As a Colombian national, she does not require a visa to enter the Schengen area. After you are married, she will enjoy freedom of movement under EU law whenever she is traveling with you or traveling to join you. She can therefore go with you to Germany and apply for her residence card at the Ausländerbehörde München.
Their relevant page may be found at Unionsbürger und privilegierte Staaten.
Your girlfriend may also be able to enjoy freedom of movement even if you do not marry, because there is a provision for extending these rights to "the partner with whom the Union citizen has a durable relationship, duly attested." I do not know the German authorities' interpretation of that phrase. I also do not know, if you do marry, how likely they are to examine your marriage as a possible marriage of convenience. This has been a problem in the UK, but I haven't heard of similar problems in other countries.
Answered by phoog on January 16, 2021
Assuming you are a Spanish national and EU citizen, if you marry your girlfriend, she only has to do paperwork, there is basically nothing stopping you.
As a EU citizen you are free to travel to and work in Germany any time and for any duration you want.
EU Source in German / EU Source in Spanish
Once you are married (and you may be able to do this on a tourist visum for your girlfriend, at least in Germany, but that is Spanish national law, you need ask your consulate), you can apply for "Familienzusammenführung" visa for your spouse. As you are a EU citizen and not a German national, there are no restrictions. You have to have the marriage documents and ID papers and that's it.
Legally, this is dead easy. Just fill the forms. Doing it in practice is harder, knowing which forms to fill with what in which order. I still recommend a lawyer or other professional, because navigating German authorities is not easy, even if you know what you want.
Answered by nvoigt on January 16, 2021
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