Non-EU spouse entering the EU without a VISA?

Hi SMeddie,

it depends on whether your Ugandan wife is already with you in the EU and has residency herself.

If not she can travel with you with a valid passport and proof of marriage.

If she is travelling on her own she will need a visa if not already an EU resident.

It is always safer to check the situation and your travel documents before travelling.

Cheers
Ricky

If your wife is already an EU resident and has a proof of that i.e. a resident card, then it should be fine to travel around alone.

If not then you will probably need to apply for a Visa and after that apply for Residency for her.

I recently noted that the authorities are much easier when you both carry the same name and also travel together. When I was coming back from Brazil last week with my brazillian wife who does not yet have residency in the EU (but before in CH) we had the immigration in Frankfurt and the guy just looked at our passport and asked us about residency and I just explained to him, that we are in the process of applying and he let us pass.

But make sure that you have an adequate proof of marriage with you when travelling.

Regards.

Many thanks for all the replies.

To add more info…..

My wife is still in Uganda and I am in London.

I am gonna apply for a Tourist Visa for her and we will apply for the e-Residence card immediately when we get to Malta.

The trouble is, if she gets a tourist Visa – It normally expires after 3 months and I am assuming applying for the e-Residence card will take more than 3 months – Won't she be classified as an illegal immigrant after the time span before her residence card is received?

That is my main concern and worry!

SMeddie wrote:

The trouble is, if she gets a tourist Visa – It normally expires after 3 months and I am assuming applying for the e-Residence card will take more than 3 months – Won't she be classified as an illegal immigrant after the time span before her residence card is received?

the following is the reply I gave to your similar question you posted on another forum (which did/does allow you to post without paying...)

"She will be living in Malta as a family member of an EU citizen. You can apply for an appointment now to get your residence document (just say you want it after you plan to arrive ), and in the same email explain you wish to apply for your non EU wife at the same time. They will then process your documents together. As long as you qualify for residency then so will your wife. You need to prove sufficient income or capital and health cover to qualify.

What happens if 3 months pass before you have an appointment? My understanding is that as long as your wife doesn't leave Malta there is no issue, but to be on the safe side she should apply for a visa extension. Once you have an appointment, and assuming your docs pass, then you and your wife will be issued a document the same day. "

Many thanks – That clears up many issues.

Nonetheless – The issue with the other forum is haphazard to a dubious mishap.

I do not think I am the poster unless I have missed something – The other forum did not let me post.

If it did afterwards, then its water under the bridge – However I am grateful.

You have been a marvel.

I've PMd you your post :-)

georgeingozo wrote:

What happens if 3 months pass before you have an appointment? My understanding is that as long as your wife doesn't leave Malta there is no issue, but to be on the safe side she should apply for a visa extension. Once you have an appointment, and assuming your docs pass, then you and your wife will be issued a document the same day. "

Yes, the same we have, my wifes Schengen Visa is now void but we applied for residence now and my wife already got a certificate and can leave Malta with the certificate but can not come back. So she will stay here until our cards will be ready in 4-8 weeks.

Quick question on this - Do my bank statements or other documents need to be certified.

And someone touched on a letter from my bank - Is it needed when submitting the documents? - I ask in preparation to get everything if required.

Thanks

Hi SMeddie,

if they are in English it is ok !

You will need to show the documents from the bank when you apply otherwise your application will not be accepted.

Cheers
Ricky

My partner is a non EU citizen only allowed 90 days before he needs to return to Australia. I am a Maltese citizen. We are not married but have children together. He is due to leave in 4 weeks. How can he extend his visa and would he be eligible for residency. How does one extend a visa?
Thank you

The simplest way would be to get married, otherwise you have to prove you have a long standing relationship and you apply for him as a family member of an EU national.

Hi Zokkor,

welcome to the forum.

A Schengen visa cannot be extended.

Apart from George's suggestion he would have the option of applying for temporary residence if he is economic self-sufficient. Any decision would be at the discretion of the Director (Citizenship & Expatriate Affairs).

The Maltese usually require unmarried partners to have been living together in Malta (legally) for more than two years. Proof of living together elsewhere is normally not accepted but maybe discussable in your case if you can show the two years required.

You need to get an urgent appointment with the DCEA and talk to the Director Mariella Grech and hope that you can find a solution. Due to the chaos at the moment this in itself will be difficult and the timeline is very short.

Look at the rules for applying for a residence permit here:

http://mhas.gov.mt/en/MHA-Information/S … A8-URP.pdf

Cheers
Ricky

Thanks for the advice. I just emailed the department. I will wait and see if I hear back from them, otherwise I will call them.

Maybe you should try going there in person and waiting in line early as the time is pressing.You could try passing a letter in for the Director....

Whatever you do, make sure he does not overstay his visa!

Cheers
Ricky

you have 4 weeks, and emails are taking up to 8 weeks to get a reply. Go in person

Tarry not, get thee hence without delay!!!

otherwise you have to prove you have a long standing relationship and you apply for him as a family member of an EU national

I have done that in Switzerland with my braziillian gf now wife. And everybody told me that it is impossible to succeed. But I succeeded ... the main key was that I showed them that we were economical self sufficient and I made a nice booklet with pictures of how we got to know each other and what we have done over time together.

I hope you will get the visa.

Thank you all for your advice. I think it will be to windy for that ferry tomorrow!!

Hello
well i think you ar close to the truth but...i know this:
if she is in UK. with you? the things ar simple couse you take her to consulate end will get stamp in passport like a vissa for 5 yesrs or less  don't know in uk haw it is end then sche can travel all over EU.
If Schee is in Afrika then is bit diferent my frend
1)have to go to the britisch Ambasy/consulate with mariege paper end pasport,pasport copy of you,birth certificate of her, end get first vissa to enter in UK!!when she recieve one then sche will fly to you end then you have to go again with your wife end get her vissa for stay in UK as your wife end by low is her right,maybe will cheq you if you to live really toghether-))
for haw long will be this vissa stamp dont't know have to ask the Autorities ther
Naw about Work is not like you know my friend!!
in UK as you wiffe yes sche can work once you finisch for her all the paper end stay vissa but in EU to work now!end yes!
this mean in same country you need to apply for work permision even if you came from ather EU country,
in Malta have to aplly for work permision for you as UK citinzen will you geted with now problem,but in Malta you need only if you go to work in offise end ather graduet jobs,but for restaurant not so quick-)) ,i mean actualy everybudy ned oane but first find your job end se if you get contract or not cause hier they dont do so fast contract -))
i herde that after the new low that get out this monts in juni everyone will ned to have oane to schow wenn controls come..
Good Loock hoppe could help you same haw

Hi Dany,

I think you are not so close to the truth with what you 'know 'and your post is so full of inaccuracies and wrong advice that it is too much to correct!

Just one ! As an EU citizen (doesn't count for Bulgarian or Romanian citizens yet) you do not need a work permit in Malta but you do have to register with ETC if you are working. What kind of paid work you are doing doesn't matter.

I don't know of any new law that comes into force in June that you have to show? What will everyone need to have to show if controls come?

Cheers
Ricky

well you right this i meant to ETC/Up ther next to airport have to registered end ther will be give a work permit!!END OFF COURSE for  all type of jobs you need to be registered...but most they dont duet right? especially restaurants jobs
end yes i herd that the new goverment will try to get more taxes end all workers/emigrant hier mostly in restaurants,etc,well needed,end want to send more control over asking you for work permit on spot..but can't sey for 100% if this will happend so soon-))
Dany

Hi Dany,

please , please don't keep on posting inaccuracies and half truths or questions as answers. It doesn't help those in need of accurate information.

If you are not sure about something then just don't post !

One again, if you are EU they don't give you a work 'permit' as you do not need one.

If you are non-EU or from Roumania and Bulgaria you do need a work permit and they already do on the spot checks of work permits to detect illegally employed.

Cheers
Ricky

georgeingozo wrote:

SMeddie wrote:

The trouble is, if she gets a tourist Visa – It normally expires after 3 months and I am assuming applying for the e-Residence card will take more than 3 months – Won't she be classified as an illegal immigrant after the time span before her residence card is received?

the following is the reply I gave to your similar question you posted on another forum (which did/does allow you to post without paying...)

"She will be living in Malta as a family member of an EU citizen. You can apply for an appointment now to get your residence document (just say you want it after you plan to arrive ), and in the same email explain you wish to apply for your non EU wife at the same time. They will then process your documents together. As long as you qualify for residency then so will your wife. You need to prove sufficient income or capital and health cover to qualify.

What happens if 3 months pass before you have an appointment? My understanding is that as long as your wife doesn't leave Malta there is no issue, but to be on the safe side she should apply for a visa extension. Once you have an appointment, and assuming your docs pass, then you and your wife will be issued a document the same day. "

I have same situation..my non EU family member .
We had applied for the new ID last January and unfortunately till today we have not receive anything...when contacting the dept was told that there are number of applications still to be proceed.
In any case while applying ( just to mention that we had already the old residence certificate) for the new one, i had specifically asked for my non EU member how is the process when travelling ... the answer " travels with valid passport and the new card...in the meantime the document issued temporary is valid to all authorities"
Hope this help ....

@dany maybe you should use http://translate.google.com/ (just use German[deutsch] as your language)

write in your own language and then just c&p the english version which will be much easier for us to read and understand.

Can anyone offer a suggestion of an expat health insurance option?

I am with Axa and i am having the Axa International Health inssurance which you can use in any country )except USA. It is quite good, as you dont have to get another healt inssurance once you leave Malta or stay more than 3 months in another country.

I pay something like 2000-2400 EUR/yr and I am already having the 2nd best option there is (as far as i recall there are 4 options for the international health issurance).

we are family consisting of 6 members and out of them 5 members of my family are EU citizens.I have a marriage relationship with my wife which is affirmed by our marriage certificate and there is a my surname written on her EU passport due to our marriage.Besides, as I mentioned-above we have 4 EU citizen children together(holding EU passports). Unfortunately I am not an EU citizen and we are planning to move to Ireland together with our children from our residence (Georgia). I am applying for irish visa right now and the process is on but I don't know how it ends.
In case of refusal,would I be able to travel with all my family members without a visa, showing irish authorities all our documents mentioned-above? will I be separated at the border from my family?
thanks

Hi zaza,

you should ask your question in the Ireland forum.

I'm not sure about the answer. IF Ireland were part of the Schengen area you would have no problem - especially when travelling together.

I've heard that it can be more difficult entering the UK and Ireland. If your visa application is refused I doubt if you would be allowed to enter Ireland with the same documents that were already refused!

Maybe one of the British Maltese expats can answer your question.

Cheers
Ricky

thanks very much

By Ireland, do you mean Northern Ireland or Eire ? Just to make sure

georgeingozo wrote:

By Ireland, do you mean Northern Ireland or Eire ? Just to make sure

I think the "applying for an Irish Visa" clarified that George...

........but you're right - you have to be sure.

georgeingozo wrote:

By Ireland, do you mean Northern Ireland or Eire ? Just to make sure

i mean EIRE

Need some advice! I'm a non-eu,I was waiting for my id card for about 4 months but until now i havent received any news from them and i tried to follow up the release of id and they always say "wait for it" but until when?? Its holidays and i want to travel to austria but i only have a valid passport and a temporary id card, can i use this for re entry to malta? Please enlighten me...

As you are from the Philippines and give no more information,
I would think that will depend upon whether your visa is valid or if you have an entitlement to reside here.
Are you working/
Do you have a work permit?
Are you married to or in a proven permanent relationship a Maltese or EU National?

I also notice that you don't bother to respond to people who try to help you so I probably wasted my time.

@redmilk
thanks for your reply. yes im working here in Malta, i am also waiting for my work permit the same with the release of my id card. i am not sure if I can use the temporary card id on travelling to other schengen area. I would like to visit my boyfriend in austria but the problem is always on my id, the processing takes long.

niceey wrote:

@redmilk
thanks for your reply. yes im working here in Malta, i am also waiting for my work permit the same with the release of my id card. i am not sure if I can use the temporary card id on travelling to other schengen area. I would like to visit my boyfriend in austria but the problem is always on my id, the processing takes long.

As I wrote your ID is not an ID in the same way as a Maltese ID. It is your eResidence card, which is not a travel document.
As you have a passport, and are entitled to reside here by virtue of work permit and your temporary eResidence then you should travel OK just using your passport.

Hello.thanks for ur help redmilk! another thing is that i am also concerned about this Temporary Id card here because it states there that "not valid for re-entry to Malta", i'm afraid that they will check it when i re enter malta eventhough i travel also with the same schengen country.

ID cards are used by those Nationals who are entitled to them instead of or without passports to visit Schengen countries only.
You do not have one!
For you it is NOT an ID card!!!
You have a temporary eResidence card.
That cannot be used.
You have a passport.
That can be used.
That is what I believe to be correct, however, I will check with Ricky as he will know for sure.
I have messaged him and asked him to advise.