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am from India and currently living in Paris France and I am having my partner is from German citizen we are in relationship for last two more years but now we starts living together in Germany we are gay couples as well we starts planning , I worked here but he don't like to come to France and live because of language barrier and he wants to stay in Germany only so I plan to move as well but I need a visa to live and find jobs so I plan to apply for a resident permit in German but seriously he doesn't know how to do? What's the procedure to apply and all because I want to move before this month is that required to marry official or living to gether is enough means what are the documents?

But I am wondering if the Verpflichtungserklärung would be enough or if he should send me something else too, and what should we do, after getting marrie, with the german authorities in order to get a visa in Germany for me he will help providing some kind of special visa for me , but I would like to know what to do in case that is not possible. Kindl guide me

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You can move to Germany either

  1. On your own accord
  2. As a spouse of a German citizen

On your own accord

In this case, that you have a German partner is neither here nor there. You need to find a job in Germany, apply for a German work-permit, and then make the move.

This is no different to any other Non-EU citizen. The fact that you are already (legally) living in France might help you to obtain a visa easier, but you still need to go through the process.

This way, you are not tied to your partner and have a free and independent life in Germany and hence don't have to get married.

As a spouse of a German citizen

In this case then you must be a spouse. This means you must get married/register your civil partnership. No boyfriends/girlfriends are allowed (also for heterosexual couples). So you will first need to do this and have your marriage certificate translated into German by an approved translator.

Normally, your husband and you need to apply for a Family Reunion Visa to enter Germany. For which certain conditions apply such as your partner earning enough to support you both, having German health insurance, and which also includes you being able to speak basic German (proof of A1 Germany is required).

What is not clear, is because you are already in the Schengen area, and you are free to travel to other Schengen countries as a tourist, is that maybe you can simply travel to Germany already and once there just apply for a residency permit at the local ABH (Ausländerbehörde) or even the Einwohnermeldeamt.

I know that if you were already living in Germany then you could do this, but your situation is a little unclear for me.

I suggest that you either: 1) Travel to Germany as a tourist, and with your husband go to the Amt and ask them 2) Contact the German embassy in France. Tell them your French residency status and ask them what to do for your specific case

Some details can be found here: https://www.make-it-in-germany.com/en/living-in-germany/family-reunification/spouses-non-eu-countries/

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  • They should be able to use free movement under directive 2004/38/EC as they're now living together in France.
    – phoog
    Mar 7, 2020 at 18:01
  • @ph I'm not sure how free movement rights would help
    – florian
    Jan 7, 2021 at 15:01
  • I believe EU "free movement" laws don't apply automatically to citizens of the country itself, like Germans moving to Germany, but local law applies. And in the case of Germany, I think free movement of Germans with foreign partners to Germany is not covered by free movement rights. Anywhere else in the EU, yes.
    – gnasher729
    Jul 31 at 9:28

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