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I really need some advice about this travel document. My elder brother, who is 26yrs old, has travelled alone to Germany two months ago with his Italian travel document (picture shown). The purpose of the travel was to live and work there. Therefore, he applied for the visa in Germany and it still under processing by taking a work contract. But some people were telling him that he needs to go back to Italy and apply for a visa there as he is not an EU citizen right now. He is very anxious so can anyone please suggest to me was the visa processing option correct? And What should he do next?

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    Your brother has a family member visa, not a work visa - is he moving to Germany with his SO? (I'm assuming SO, but it could also be a minor child)
    – Juliana Karasawa Souza
    Jul 14, 2021 at 12:14
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    Your brother has a residence card as a family member of an EU-Citizen. This allows him, as a dependent of that EU-Citizen, to live and work where that EU-Citizen lives. Nothing more. If he wishes to live elsewhere, independent of the EU-Citizen, he must apply for this in his country of residence (Italy) as any other 3rd country national must do.
    – Mark Johnson
    Jul 14, 2021 at 12:51
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    @MarkJohnson there are relationships that qualify one for family member status that do not require dependency, but the main point of your comment is of course correct: this document does not entitle its bearer to move to Germany without the EU-citizen family member. Rakibul Islam Arafat: what relationship with what person led to the card being issued? Also, SO typically means "significant other," namely a spouse, partner, boyfriend, girlfriend, etc.
    – phoog
    Jul 14, 2021 at 13:09
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    @MarkJohnson yes, but some relationships that qualify under the free movement directive do require dependency, whether financial or otherwise, so it's best to avoid the word "dependant" when describing these relationships generally; it just creates confusion.
    – phoog
    Jul 14, 2021 at 13:33
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    @MarkJohnson Precision is indeed important and has often been lacking on your part. In that particular case, you do not need to be dependent on a spouse to qualify as a member of their family under EU law. The word you might be looking for is the word “derived”. That is the actual standard terminology and if you wish to avoid confusion, I would recommend sticking to it.
    – Relaxed
    Jul 14, 2021 at 13:51

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Since you wrote that your brother travelled Germany alone and needs a work contract to obtain a visa, I would assume that he does not qualify for a residence card in Germany. In that case, the regular procedure is indeed to apply for a visa at a German consulate in Italy and to wait for that visa to move to Germany.

If your brother had moved to Germany with their EU citizen family member, he would be allowed to apply for a residence card directly (i.e. without going back to Italy to secure a visa). There are a couple of other exception to the need to secure a long-stay visa before entering the country: citizens from Australia, New Zealand, Israel, Japan, Canada, Korea and the US can apply for a residence permit directly and I believe the relevant authorities have the discretion to accept an application in exceptional cases but I wouldn't count on it.

Either way, his status in Italy doesn't really make a difference. It does however mean that his stay in Germany isn't illegal as he has the right to visit Germany for 90 days. To avoid further problems down the line, I would recommend leaving Germany and going back to Italy before reaching the 90-day limit.

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  • I'm curious to whom would § 39 Nr. 6 AufenthV apply. German embassy in France told me a third-party citizen residing in France should in principle apply for a visa before entry to Germany, so it's not a general exemption for all Schengen residence permit holders.
    – xngtng
    Jul 14, 2021 at 14:34
  • @xngtng It could be meant for long-term residence permits as this status is supposed to facilitate movement between EU countries IIRC. The language does seem broader though. The Blue Card does too but it's dealt with in the next point.
    – Relaxed
    Jul 14, 2021 at 14:50
  • Apparently (if I'm understanding this document correctly) it is in the same vein as the exception for short-term Schengen visa holders in Nr. 3, but with less restrictions (e.g. possible stay for studies). So you cannot enter Germany with the intention to obtain a residence permit, but if you somehow happen to qualify for an RP while on a genuine short-term visit, it might be possible to convert without prior visa procedure.
    – xngtng
    Jul 14, 2021 at 21:22

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