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| So: this does not concern members of an immediate family: spouse (or, where applicable, civil partner), child or adopted child. | |
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*cough* yes it does, and it means exactly what it says - for family reunification to be granted the spouse needs to be resident in the EU. Else the family reunification is governed by the prescriptions of the Aliens Law (Auslaender Gesetz, AuG). See Federal Tribunal sentence 2A.475/2004 which is current jurisprudence.