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German Law/Migration from Spain to Germany

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Question
Hello, My name is Faraz Ahmed, I am Pakistani National , I am living with my girlfriend in Barcelona. Behalf of my girlfriend I got visa to live in spain untill march of 2017. I want to migrate from spain to Germany, but my girlfriend does not want it. Situation of work is bad in spain that's why I want to move to germany. ***** My Question is if i am allowed to do migration alone? will Germany convert my visa from Spain to Germany as Immigrant?  ****  This is the status of My Visa.. FAMILIAR CIUDADANO DE LA UNION...FAMILY Union citizen....

Regards,
Faraz

Answer
Hello Faraz,

if your visa/residence card is based on your relationship with an EU citizen, then it is probably based on EC regulation 2004/38.

This European law only gives you a residence (and work) permit because of your relationship with an EU citizen, so you can only move if your girlfriend moves with you. Once you move alone or even if you both still live in the same country but the relationship has ended, the residence card would become invalid.

So, legally you are not allowed to move to Germany alone.

However, as both Spain and Germany are within Schengen you may be able to travel to Germany without any problems. If you fly from Spain to Germany, there will be no passport control when you arrive and you will only have to convince the airline staff in Spain that your paperwork is sufficient. If you travel by land, it is usually not a problem at all.
If you will ever be stopped and questioned by police in Germany, you could say that you are travelling together and that your girlfriend will join you in a few days. (She would need to cooperate with that of course.)

Unless you fulfil the normal requirements for a German visa (e.g. a high-qualified job), Germany would not give you a residence and work permit. It would depend on the employer in Germany if they would be satisfied with your current paperwork even though it legally does not allow you to work in Germany.

Andreas Moser
www.moser-law.com
www.andreasmoser.wordpress.com

German Law

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Andreas Moser

Expertise

Extensive experience in international family law, especially international child abductions and child custody cases. All other areas of German law as well: constitutional law, criminal law, business and contract law, immigration law, inheritance law, and so on.

Experience

Lawyer in Germany from 2002 to 2009. Lawyer for US Army JAG Corps before. Bar-certified specialisation in family law and in administrative law. Articles and lectures about international and domestic family law.

Publications
www.andreasmoser.wordpress.com

Education/Credentials
2000 Law Degree from University of Regensburg, Germany 2002 admitted to the bar (until 2009) 2013 MA Philosophy at the Open University, UK

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