I am a dutch citizen moving to Germany to marry and live with my boyfriend from Pakistan who is currently studying there Many People suggested it will be easier for my husband to get Residency after i live in Germany for more then 3 months and then use my EU rights rather then Dutch rights as Dutch law is more tough then other countries. If i marry him in Germany after living there for 3 months will the process of his residency be the same if we do it in Holland or will it be different kindly advise which will be better and what will be the process for his residency after marriage in Germany
Your husband can live with you very easily in any EU country other than the Netherlands by virtue of the directive 2004/38/EC. Thus, you can easily live together in Germany.
To live together in the Netherlands immediately after your marriage, you would have to apply under Dutch national law. On the linked pages, you can see that this includes an income requirement and a requirement to take a civic integration exam before arriving in the Netherlands.
By contrast, to sponsor your partner in Germany, it is necessary only that you meet one of the criteria in Article 7(1) of the directive:
- to be a "worker" or self-employed (with no minimum income), or
- to have sufficient resources to support the two of you (and other family members who live with you, if there are any), or
- to be studying (and meet some other conditions similar to those in the previous point).
After you have lived in Germany for at least three months, you may become eligible to move back to the Netherlands with your husband under the EU directive rather than under national law:
A Dutch national is an EU citizen. But Dutch nationals usually cannot derive rights from EU law. Dutch nationals can fall under EU regulations when they have used their right of free movement.
In the following situations Dutch nationals can derive rights from EU law:
You have lived in another EU/EER Member State or Switzerland for at least 3 months with your spouse or partner without the nationality of an EU/EER Member State or Switzerland before your return to the Netherlands. The residence must have been lawful based on EU Community law. Thus you have used EU Community Law (right to free movement).
You lose your EU-rights when after your stay in the EU/EEA Member State or Switzerland you live in a country outside the EU, EEA or Switzerland for more than 6 months.