Germany -> UK potential transition for non-EU citizen

The plans are full of flaws. For advice about working in the UK you will best post on the UK forum.

But if you go to the UK for a few years to work then after 6 months any residency status in Germany is lost, whether you have a blue card or not. This would also not change if you were a freelancer but since neither you nor your wife are German or EU citizens, getting permission to freelance would be kind of unlikely to begin with.

The bottom line is that you need to decide for the UK or to stay in Germany. Theoretically, you can stay in the UK for some years and try to once again migrate to Germany but you will be starting over. You cannot maintain Germany residency and simply return without going through the immigration process.

I would add that being married and living apart for years is unusual and will arouse interest if not suspicion of officials. Together, your wife has no real need of a blue card if she has already been given family reunion status. If you leave and she stays it then is important that she qualifies on her own merits to stay. She cannot stay on a family reunion status if her spouse has left the country.

I agree with Tom that a freelancer visa is unlikely and not needed in your situation.

But regarding the FRV, there is an exemption from the rule of "invalid after 6 months of absence" rule if your spouse remains in Germany - at least this is the case for spouses of German citizens (´which my wife used, she being non-EU foreigner and me German). I am not sure if this also applies to non-EU spouses remaining in Germany, but this is probably worth asking the Ausländerbehörde.

Or you get a FRV, remain registered in Germany and hope they don't notice that you are in fact mostly abroad. (This might involve costs for taxes and health insurance, so get professional advice before choosing this route!)

Thank you very much for your replies.

Freelancer visa is definitely not working for me, my only hope is FRV.

Hmmm. Maybe there is some possibility like Beppi mentioned but usually one cannot get a family reunion visa unless the couple lives together. Otherwise, they assume it is a marriage of convenience for immigration purposes. In the end the officials often have a matter of discretion to make a special exception but there usually has to be a very compelling reason. Like if one is working and the partner has a one in a life time chance to do a PhD somewhere else. But to just go off and work a job that isn't an exceptional, unique opportunity... Sounds questionable. The default assumption is that if people are legitimately married then they live together. And if one is looking to work elsewhere then why come to Germany in the first place.

But again; you could work in the UK for some years and simply apply to come to Germany again. If you have the qualifications to manage it once, then why not a second time. But like Beppi suggested, ask the local officials. As long as one is not intending to do something illegal then it doesn't hurt to ask. Just explain your situation and ask how it can best be done.

I disagree, Tom, it is not unusual for married couples to be in separate countries. As long as they can prove they are "Not playing the system" it is possible. I know a few couples that are doing this.

I disagree, Tom, it is not unusual for married couples to be in separate countries. As long as they can prove they are "Not playing the system" it is possible. I know a few couples that are doing this.
-@SimCityAT

Nobody can stop them from living apart but it raises questions of legitimacy. Not that living separately cannot have a legitimate reason but one will certainly be asked why. And one cannot maintain German residency living outside of the country nor file German taxes as a couple. A German citizen can always return, not so for a foreigner just because a spouse managed to maintain residency. A foreigner with a settlement permit might get permission to go work in another EU country for a couple of years if intending to return and having the means to do so and still be employed. The UK is not in the EU however.

At that time they can apply for a FRV but I see no viable option for the OP to leave the EU for years and still maintain a residency status in Germany. Any visits while working in the UK would then be on a tourist visa basis. All I can say in summation is that one can ask officials and see what they say. If they will work something out then great but don't have false expectations.

Thank you once again, your answers helped a lot!

UPD: we both stayed in Germany for now, thank you once again for your advice.

However, I've got a new question: my wife has a residence permit (family reunification visa), but her job qualifies for the Blue Card. I have a Blue Card and can qualify for the permanent residence permit soon.

Can we apply together as a combined case for the permanent residence without her applying for a Blue Card first? To the best of my knowledge, spouses do not automatically get permanent residency in this case.

Thank you.

I am not sure how authorities will judge this. I would just point out that what in German is called Niederlassungserlaubnis is officially translated as permanent residency. But this is rather misleading. It means one can stay indefinitely, not needing to renew any permission. But it is still limited to going out of the country for a year before it is considered abandoned. Or if one gets permission and goes to another EU country with the intent to return and with a job lined up, then an extension is usually given. But it is NOT permanent! The only way to have that right is to get citizenship; something that is being simplified in 2024. One will be able to get citizenship in 5 years and not have to renounce their previous citizenship. The original scenario presented of going to the UK for some years and a right to return would be possible with German citizenship, but still not with Niederlassungserlaubnis.

Yes, may be misleading because of the translation. I hoped that 'permanent residence permit' it is the official translation of Niederlassungserlaubnis, it might not be true.

Sure, all the limitations exist, I am not sure what to do with my wife status, that's the question. All options are fine, but maybe there is a way to apply as a couple and avoid extra application for the Blue card.