Hi, I hope someone can help me out, and hopefully English is fine here.

I am a Danish national, and my wife is from Algeria.
I just got a job offer in Germany (Düsseldorf), and I want to use my EU right to move to Germany with my wife.

Unfortunately we cannot get her a visa in time for the move, so I want to know if anyone here knows about people who got a Schengen visa in Germany when they went to the border control in the Airport?

Yes, I know that most people won't even reach the border control because airlines won't let them board without a visa, but for that I might have found a solution, that could work.

My wife can get a visa to United Emirates (Dubai), and with Lufthansa transfer in Frankfurt Airport. According to this website, a transfer visa is NOT required for her:
http://www.auswaertiges-amt.de/DE/Infoservice/FAQ/VisumFuerD/33-Airporttransitvi...

Can anyone tell me if this "plan" is actually possible? IF we manage to get to Frankfurt Airport, would we be able to use the EU Directive to get into Germany?

Thanks!

Obst88 schrieb am 13.03.2017 um 13:57:49:


Thanks for your answer.

Do you know if they require me to have a job already or to have an apartment in Germany? Or can I use my right as a job seeker in EU?

KThomsen schrieb am 13.03.2017 um 14:04:37:


Don't think a job in germany will be necessary. It's the same situation when a european citizen want to visit the UK together with his spouse, UK must let them in. You will find a lot information about this here: https://eumovement.wordpress.com/2010/08/04/no-visa-but-still-want-to-travel/

T.P.2013 schrieb am 13.03.2017 um 19:16:16:


Darf ich fragen wieso er den dabei haben muss? Ist es nicht unerheblich ob sie hier nun 3 Tage Urlaub machen oder dauerhaft bleiben möchten?

Obst88 schrieb am 13.03.2017 um 19:49:17:

Muss er nicht. Habe ich auch nicht als ein Muss bezeichnet.
Das "must have" ist fett unterlegt.
Das "nice to have" macht nur das Leben leichter...

T.P.2013 schrieb am 13.03.2017 um 19:16:16:



Hi,

Thank you for your very long and detailed answer.
It's so nice to get some answers from someone with experience or knowledge about this matter.

When it comes to our situation in Tunis Airport (We will leave from Tunisia and fly to Dubai), I have cleared the situation with Lufthansa, and they follow the visa regulations that is issued by the German Federal Foreign Office. And I have that from Lufthansa, and will bring that as documentation if they should cause any issues.

In regards to the passport control in Tunis, I am pretty sure that they should either know about this, since a lot of people from Tunisia and Algeria travels to Dubai to work. And I can't imagine that they will require the transit visa from her, since she doesn't need one.
In case they do, I will politely give them the proof and discuss it with them, and eventually ask for a person with more stripes on the shoulder if necessary. Again, with the proof/documents and highlighted our rights, I am positive that we should be able to get on the plane to Frankfurt. She will have the visa to Dubai, which is all they should care about in Tunis.

I do have a employment contract in Denmark. And I will discuss with my workplace if I can get transferred to their german department in Düsseldorf. They are registered as a company in Germany, so I will be employed in Germany, and not Denmark. (even though it shouldn't matter as far as I know?).

Of course I have an original marriage certificate (in French) but it is currently on it's way to Denmark where I will get it translated to English, Danish and German by authorised translators, and also legalised by the Danish ministry of Foreign Affair. The original certificate is stamped and legalised by the Tunisian ministries and the Danish General Consulate in Tunis.

And of course, I have already printed the EU Rights Guideline Handbook and highlighted our rights AND I will print out the EU Directive 2004/38/EC in English and German and highlight everything necessary.

So I hope that all these documents will be enough for them to let us in on an "exceptionally visa"

We are in contact with the german embassy in Algeria to talk about getting a visa before doing this. But the Irish embassy who's been dealing with our application to Ireland, just told us TODAY that they have applications laying around that are 2 years old. We are NOT ready to wait 2 years for an official visa. But if the embassy in Algeria can confirm that it won't take more than 15-30 days for them to deal with it there, then we might try a last time the "right way". if not, we're gonna move on with this "Transit jump-off"-plan.

So thank you for helping us out!

And maybe I should check up on that "Das Boot"

Obst88 schrieb am 14.03.2017 um 13:21:00:


INIS (Irish immigration service) writes on their website that you can apply for a EU visa if I (the EU citizen) submit a statement letter where I confirm that she will accompany me, with the application. So it should be dealt with in those 2 weeks, as you say. But, unfortunately, the Embassy of Ireland in Abu Dhabi seems to give a sh.... about this! My wife contacted them today, and they told her that they have those visa applications laying around that are 2 years old!

mgb schrieb am 14.03.2017 um 16:18:39:


I am aware of what's going on with Ireland recently. Especially with people from China, Pakistan and so on. It's crazy. And that's also why we've decided to move on. And worst case, we can always move on to Ireland when she has her residence card in Germany.

I just don't get why it is a requirement that she JOINS me (according to the German Embassy in Algeria), when the EU Directive 2004/38/EC clearly states in Article 3.1, 6.1 and 6.2 that she can accompany me and that there is no conditions or formalities the first 3 months. If I lived there, she would join me - not accompany me.

Article 5 just states that she must have a visa to enter the EU Member State. But Article 2 and 6, in my opinion, says that she should be able to accompany me.

If I include a legalised statement letter + Flight ticket bookings that shows we are travelling together, it should be proof that I am accompanying her.

I have contacted Europe Direct on E-mail and phone, SOLVIT on e-mail and waiting for them to get back to me.