fft100 Posted May 22, 2008 Share Posted May 22, 2008 What exactly is a Dependent Ascendent ? It would avoid having to fill in quite a few fields in the Schengen Area visa form. My situation is that i have lived in Thailand for 2 years. Thai driving license, some land, some properties. I have a girlfriend i have known for nearly 3 years. We have lived full time together in Thailand for 2 years, and before that, when i lived / worked in Germany, she came twice to see me in Germany for 1 month each time. We have a 5 month old Daughter, born in Thailand, who now has a UK passport ( I am British). I am listed on the birth certificate as the father. I have been offered a 6 month contract back in Germany at a bank i have worked previously for. I would like to get a 6 month schengen area visa for my girlfriend, so that she, and the baby, can come to Germany for 3 * 1 month periods during the 6 months. So, does having a baby together make my girlfriend a Dependent Ascendant, and does the babies birth certificate prove that ? And, is there anything i should think of before approaching the German Embassy. Many Thanks Link to comment Share on other sites More sharing options...
the scouser Posted May 22, 2008 Share Posted May 22, 2008 I would interpret "dependent ascendant" as being a dependant in the ascending line; e.g. mother, father, grandparents etc. In your case, for how long have you been living together with your girlfriend? If it is for a sufficiently long period, your relationship may be classed as "durable" in which case she could benefit from a free visa for Germany, on the basis that she is in such a relationship with a citizen of another EEA country, and this could then be converted free of charge to a residence permit, once in Germany. I don't know what the definition of a durable relationship is in German law, but in the UK it is living together in a relationship akin to marriage for 2 years or longer. Alternatively, if you were to be married, your girlfriend would again qualify for the free visa and residence permit for Germany. There is a European Court of Justice judgement in the case of Chen which establishes that a child is as equally entitled to exercise his/her freedom of movement rights as an adult, and that the child's primary carer has an entitlement to accompany him/her, irrespective of the carer's nationality. So, in theory, you could present your child as a British citizen with an entitlement to freely move to Germany and your girlfriend as her primary carer with an entitlement to accompany her. However, I think this is overly complicating what could otherwise be a straightforward application. Scouse. PS. The Chen judgement also found that a parent cannot be classed as being dependent upon his/her child, so your girlfriend cannot be classed, in this instance, as a dependant in the ascending line. Link to comment Share on other sites More sharing options...
the scouser Posted May 22, 2008 Share Posted May 22, 2008 If you wish to contact the German Ministry of the Interior in order to establish exactly what constitutes a "durable relationship", their e-mail address is:- [email protected] Scouse. Link to comment Share on other sites More sharing options...
fft100 Posted May 24, 2008 Author Share Posted May 24, 2008 Many Thanks for that. I hadnt realised that 2 years qualified for a Durable Relationship - and that appears the best approach for the UK Visa. Have contacted the German people and will pass back any info i get. Link to comment Share on other sites More sharing options...
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