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Visa Questions

Can NE bring my spouse from Italy to Germany?

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Hi everyone,
I apologise already if I bother you with some subject already discussed,but checked both FAQ and spouse visa forums and found nothing,therefore I'm typing..
Question 1:
I'm non EU.Got NE in June'06.Then got married,my husband[also non-EU] lives and works in Italy.His permit is dependant on the company so, no italian type of D-EG,NE or similar in Italy.Do I have the right to take him into Germany with no problems?Or does he need to be employed in order to enter in Germany?
Question 2:
Does being away from Germany for more 6 months include EU and/or Schengen member countries? Do they keep registry if you are travelling within EU?
I look forward to hearing your experience and any feedback that might be related.
Thank you.
0 (0 Votes)

Re: Can NE bring my spouse from Italy to Germany?
Answer
9/19/07 4:30 PM as a reply to A HC.
@Aslinur

Do I have the right to take him into Germany with no problems?Or does he need to be employed in order to enter in Germany?

As a husband he can join you in Germany without any problems and he doesn't need to be employed to enter Germany.

Does being away from Germany for more 6 months include EU and/or Schengen member countries? Do they keep registry if you are travelling within EU?

If you deregister in Germany for more than 6 months then your NE gets cancelled. No matter in which EU contry you are residing. They don't keep records of your travelling within EU.
0 (0 Votes)

Re: Can NE bring my spouse from Italy to Germany?
Answer
9/20/07 3:23 AM as a reply to A HC.
aslinur asks:
Does being away from Germany for more 6 months include EU and/or Schengen member countries? Do they keep registry if you are travelling within EU?

Akshay answers:
If you deregister in Germany for more than 6 months then your NE gets cancelled. No matter in which EU contry you are residing. They don't keep records of your travelling within EU.

I am afraid it is not correct what Akshay said. The reason is that items in AufenthG which define under which conditions NE is cancelled do not mention on "deregistration". Even the complete law, either.

On the other side, deregistration in a local authority automatically gives the official right to cancel the NE there in the same time, because offical might think that a person who deregisters might leave the country, there will be no registration data.

The 6 months rule is, thus, if you leave Germany for longer than 6 months, with registration.

Akshay, you are too optimistic to think that EU do not keep records. This is not correct. According to item 2 in Schengen Agreement, any country in Schengen can get out of Schengen system because of security reasons. During the G8 summit Germany was out of Schengen system. You are following the German press up to the Tokio Hotel and I wonder how you did not see this fact!

Such things require that the data of foreigners travelling among EU is stored in some way. You can never be certain what the policeman is looking in front of his computer in the airport. You can never be certain if the flight data of a airline company has been passed to German police in the background or not.

Don't trust that they never check passports among EU countries. Even in the trains between the Netherlands and Germany policmen they check passports in the border, together with your ticket.

Especially after the terrorist attacks in England I am pretty sure they store the travel data of foreigners everywhere in EU.

Don't feel free!

Klenze17.
0 (0 Votes)

Re: Can NE bring my spouse from Italy to Germany?
Answer
9/20/07 12:57 PM as a reply to A HC.
@klenze17

Does being away from Germany for more 6 months include EU and/or Schengen member countries?

If you leave germany for longer than 6 months without de-registering, then by law your NE gets cancelled.... but if you remain in EU (e.g. Holland,Belgium,France,Austria) there is a fair chance that you might come back and resume your residence in Germany like before.

Do they keep registry if you are travelling within EU?

They don't have any central registry database of people's movement in EU. Only on few occasions you are asked for passport but the information is never stored in any central database, these checks are just to verify your identity.
0 (0 Votes)

Re: Can NE bring my spouse from Italy to Germany?
Answer
9/21/07 3:49 PM as a reply to A HC.
Dear Klenze17 , dear Akshay,
Being on slightly different ends, I both appreciate your replies.I understand I have to consider a few things regarding my NE.Is good that it helps my husband as well,the only thing is now to convince him to come over to Germany from sunny Italy..Bye now,Aslinur.
0 (0 Votes)

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