A German citizen lives and works in Spain for several years. There he meets his Colombian partner - they move in together and have a permanent partnership under Spanish law, a so-called ‘Pareja Estable’.
However, when they want to move to Germany together, things get complicated: This form of partnership is not recognised in this country.
If this case had fallen under the German Residence Act, the partner would not have been entitled to a visa - as only spouses and registered partners (under German law) are recognised.
But what many people do not know: In such cases, it is not the Residence Act that applies, but the Freedom of Movement Act/EU.
The German citizen had exercised his right to freedom of movement - he lived and worked in another EU country. He is therefore considered a so-called returnee - and that makes all the difference.
What did this mean in concrete terms for the Colombian partner?
The Spanish civil partnership was recognised as a ‘family relationship with an EU citizen’
He received a residence card for Germany
And: Proof of language skills was not required
An exciting case that our immigration team successfully handled - and a good example of how crucial legal details can be in the immigration process.
Many thanks to our Team Lead Immigration & Senior Immigration Specialist Laura Hante for this practical insight!
Do you know of any similar cases or challenges with immigration?
