Indian Spouse of a Portuguese Citizen: Work Rights in Germany

Yes, the Indian spouse qualifies for freedom of movement as a family member of an EU citizen (Portuguese spouse). She can enter Germany visa-free and apply for an Aufenthaltskarte für Familienangehörige eines Unionsbürgers at the local foreigners' office. This residence card grants immediate work authorization. While she cannot work before receiving the card, the application process in Germany especially with prior pre-approval can be faster than applying from Spain, particularly given processing delays in cities like Munich. Registration of residence is required, and the EU citizen spouse must attend the appointment.

Compared to a standard work permit, the EU family member route is typically faster and does not require labor market testing.

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Context & Background – The Challenge

A company’s Indian talent, married to a Portuguese national, sought to relocate from Spain to Germany. The key question was whether the talent could move and work under EU freedom of movement or needed to apply for a German visa first.

Jobbatical’s Approach / Applicable Regulation

Under EU Directive 2004/38/EC, family members of EU citizens enjoy freedom of movement across EU member states. However, in Germany, a non-EU spouse must apply for an Aufenthaltskarte (residence card for family members of EU citizens) at the local Ausländerbehörde after registering their German address (Anmeldung) and providing proof of financial means, marriage, and health insurance.

The Outcome

The Indian spouse is permitted to enter Germany visa-free via Spain but cannot start working until the Aufenthaltskarte is issued. Application timelines vary by city—Berlin typically processes faster, while Munich may require longer waiting periods. Alternatively, applying directly for a German visa with pre-approval from Spain may expedite the process if local immigration offices are overloaded.

Employer or Talent Steps

• Register the employee’s German address (Anmeldung) within 14 days of arrival.
  
• Schedule an appointment with the Ausländerbehörde and submit all required documents (passport, proof of marriage, health insurance, financial proof).
  
• The spouse attends the appointment personally; biometrics are collected.
  
• Processing time for the Aufenthaltskarte typically ranges from 2–6 weeks‍
• Employment can begin once the residence card or temporary work authorization (Fiktionsbescheinigung) is issued.
  

Key Learnings

• Non-EU family members of EU citizens have mobility rights but require local residence documentation.
  
• Processing times differ widely by region—Berlin offices are faster than Munich.
  
• Pre-approvals or pre-arrival visa applications can save significant time for relocation timelines.
  

Always ensure address registration and insurance coverage are in place before the appointment.