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German Law/Acquiring German or British Visa Being a foreigner and Married with a British girl

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Question
I am Salim,currently living in Germany(2 and half year) with a student visa. I recently got married with a British girl and would like to change my visa status. I am wondering what could be the best options to get a spouse visa I assume. Would it be possible to get a British visa?or should I continue with German visa. Could you please briefly answer my questions.

P.s: We got our marriage certificate recently.

Your feedback &Missing information:
My Nationality:Pakistani
My wife lives in Germany & She is unemployed due to pregnancy.

Thanking in advance and would like to hear from you soon.

Answer
Hello Salim,

you cannot get a British visa because nobody lives in the UK.

Whether you can get a spouse visa depends on your wife's visa status.
If she is protected under EU regulation 2004/38 (which is doubtful as she is unemployed, but it depends on her whole history), then you automatically qualify for a right to stay, without any need for a visa or a residence permit.

I would recommend to remain on the student visa for now. Once your wife will work again, you know that you will be protected to stay beyond the time of your student visa based on the EU regulation 2004/38, so you have nothing to worry about.

It's actually better for all of you to stay in Germany, because in the UK this EU regulation would not apply to your wife, as she is a British citizen.

I know all of this is a bit confusing, but please feel free to contact me again when your student visa is about to expire. Then, based on the updated situation, I can give more advice. In general, it would be helpful if your wife was at least minimally employed so that you can invoke EU regulation 2004/38.

Andreas Moser
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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