Ellies and Shaks Survival

What happens if the visa system fails us?

Well, we have a Plan B. It is not easy, what a surprise, but it is a way to make it work.

We would be making use of the "Freizügigkeitsgesetz" or the freedom of movement act of the EU. This states that citizens of EU member states have freedom of movement within the EU area. This includes people who are employed in other countries than their own, who are self-employed, or people who are unemployed with sufficient funds and health insurance.

Family members of the person from the EU (aka. spouse, registered partners, or children) have the same right and can just follow without greater issues. They would have to get a visa in the respective country, but that one is for free if I understood it correctly and can only be rejected if there is evidence for terrorism or a marriage of convenience, which is both not true for us.

So what this means is that I would move to another country, get registered there, maybe get a job there, and then Shak would be just following me and would get an EU residents card (this serves as a work permit as well) right away, without greater inconvenience.

The main issue here is for me to go to another country and get hired there, or even develop my shop so far as that it makes enough money to be properly self-employed. Then get a place to rent in that foreign country and basically move my life there. That is quite a process in itself. Also, he wouldn't be allowed to be there with me unless we would do that in the UK, where he doesn't need a visa.

Yeah. That is difficult and we probably need a lawyer for that, because there are still a lot of things I am unsure about. But you know, poor people cannot afford lawyers. What a classist irony. If any of y'all know cheap lawyers (I mean really really cheap not that "oh it was only 1000€, usually it is 5000€ bs, we don't have that kind of money) dm me via Instagram @aisosiliz, thank you.

So, what are our options after the marriage, because the marriage is actually the "easy" part.

Our plan is to apply for a Spouse Visa first, which is a visitor visa for 90 days within a 180 days time period and it is more or less for free, which is good. For that, we need the marriage certificate with the apostille stamp on it and several other documents, which are kind of easy to get, at least easier, than what we had so far ( remember, it took us 8 months and around 1000€ to just get the non-marriage certificates).

If that one gets approved, we will go to Germany, spend a few months with my family, and doing a german language course, so Shak can do the A1 certificate in Germany. It is easier because Botswana does not have a Goethe Institut, but yet they require the certificate from all applicants (????). The next one is in SA, but it's closed due to Covid. Same in Namibia as far as I know. Also, the Instituts in Africa only offer one test every 3 months or so and it is between 100 and 200€. The courses are way more and even people who do the courses have to pay extra for the tests (Between 400 and 800€ depending on the country).

When our days are done, we will spend some time in UK or Ireland, as it is outside the Schengen area and Shak doesn't require a visa due to colonization I guess. From there I could still easily reach my family and it is also a little easier if we still needed some documents.

After that one is done, we will return to Botswana together, if that's possible, and apply for the family reunion visa. This one requires the A1 certificate and certain other documents, also we would have to pay the visa fee for this. Yay.

This particular visa gets rejected probably the most. Europe and Germany DO NOT WANT Africans (and other BiPoC, but I can only speak of the African experience). They just don't. They even built a "killswitch" into the law for every worker at the embassy to just reject an application when they feel like it (Ermessensausübung, Visahandbuch, Page 19). They tie it to some "reasons" but honestly, the workers at the embassy usually do not give a flying F!uck about the Visa handbook. I am in contact with many binational couples that are in similar situations and they have told me the craziest stories.

If this visa actually gets approved, we can fly to Germany, where the second killswitch awaits: The border police. They have the right to send him back to his home country without proper reason. In my opinion, they do not have the knowledge nor the authority to make such decisions. They just have the visa in his passport, they didn't read the application, they have no idea who we are, they cannot make a well-versed decision. Why do they get to have the final say about this?

If we get through this obstacle as well, we can finally go home and relax. At least for a second. Then the scary bureaucracy part in Germany begins. We have to register him, get him a residence and work permit, health insurance, bank account, several other offices we have to visit, and probably fees we have to pay, and THEN he can start to work and we will finally have less existential fears and anxiety. We can finally rest for the first time in 2 years.

If any of these steps go wrong, we do have a backup plan. I will tell you all about it in the next update. Stay tuned.