Moving to Malta with my Non-EU Spouse (Visa Questions)

I am a non-EU wife accompanying my EU husband. I had to apply for a Schengen visa, which in itself is arduous, and furnish proof that I would leave Malta within 90 days, as that was the length of the visa. Having collected all this information and applied for the visa. I was given a visa for a year.

Thank for the reply.

But I thought when applying for this type of visa to accompany an EU spouse there was no need to show proof of returning to your country as you expect to live and find work in Malta.

Isn't it EU law that because you are accompanying your EU spouse you are treated under his rights as an EU citizen?

Hi Kenkenif,

if you are travelling with your EU spouse who is not a resident of the Shengen area it can be different. We had this discussion recently with the case of a Turkish spouse. Your rights as an EU citizen kick in when you yourself are resident of an EU country ex UK ! Before then there is no 'Movement' as you are still a resident of the UK ! For example a Maltese citizen with a Russian wife can have problems as he has not left Malta ie no movement. If he moves to Germany with his Russian wife there is no problem ! Sounds stupid but that is EU law.

In your case as you are not travelling together with your non-EU wife she will need a visa in her own rights to enter the Schengen area until you apply for and receive residency in Malta. She should try to get a visa type D for a longer stay as it can take some time to receive residency in Malta and until then she would not be able to travel if her 3 months Schengen visa has expired in the meantime.

One important issue is health insurance coverage - for both of you ! It is necessary for the residence application anyway.

And make sure the Marriage Certificate and all other relevant documents are translated and certified in English.

I doubt if you will have problems but it is usually best to stick with the regulations.

Cheers
Ricky

If we were to travel the whole journey together to Malta does anything change.

Also would I need health insurance when applying for residency as a worker? I read that you only need health insurance when applying for residency as self sufficient.

If we were to travel as planned (she from Russia and me from UK) would she need proof of finances and proof of return tickets to Russia, even though she plans on never returning.

Hi kenkenif,

travelling together does not really change anything. You would have to discuss that with the Maltese Embassy.

Applying as a 'worker' would mean you are insured in Malta by paying contributions here or being entitled to free health care coverage through one of the plans between Malta and the UK. You have to go to the entitlement office in Valletta to receive your certificate before applying for residency if you are entitled.

Just saying you are going to work will not be enough. If you have a job and a NI number that is fine.

I would think that her finances are your finances -)) Even you have to show a job contract or money for residency in Malta.

Cheers
Ricky

What I meant was when applying for the Schengen Visa will my wife have to prove finances and show proof of return to Russia just like a normal Schengen Visa even though she has no intentions of returning and we plan to work and settle in Malta?


The following says that my wife must be given an entry visa free-of-charge and as fast as possible.

2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas
shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.


And this seems to suggest that my wife has the same right of residence as I do for 3 months if she is accompanying me or joining me.

Article 6
Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.

Hi kenkenif,

yes, visa free of charge and as quick as possible!

A Schengen visa allows her to stay for 3 months and once you are a resident for longer, but not until you yourself are a resident of Malta.

You are moving to Malta. Don't rely on things being the way they seem or are supposed to be.

Just being nosy, why did you choose Malta of all places?

Your wife will have to show finances or a financial guarantee from you as you yourself will have to show finances or job for residency. Having a non-EU wife means you have to always be on top of things and go by the rules.

I don't think that she will need to show a return flight ticket.

Cheers
Ricky

Thanks for the help I understand about residency.

I am trying to find out about the visa and visa requirements for my spouse as everyone seems to say all you need is passports and proof of relationship to the EU Spouse to get the Schengen Visa.

We are still travelling together but only on the second leg of the journey. We meet in the transit are of a European airport and then get on our connecting flight to Malta, show our marriage certificate and passports.

We chose Malta because it seems like everyone who is doing the Surinder Singh route from the UK is going to Ireland and we wanted to go somewhere different.

Hi kenkenif,

try your luck and let us know if they let her in! There have been hefty discussions on the forum about your opinion.

Your opinion could be correct on the ground of EU law but whether it will work is a different question.

Are you sure that you can even meet your Russian wife in transit and enter the Schengen area together?

Frankfurt airport is my home airport and has many independant transit and arrival areas, depending on where you arrive from and which airline you are travelling with. You will always meet at the departure gate for Malta (Schengen) but that might be too late.

Cheers
Ricky

I have mentioned in a different post - If you as a UK resident and married your non EU spouse in the UK, the visa procedure is a simple matter and does not cost you anything.  Go and see the Maltese Embassy in London, they will advise you as to the procedure, unfortunately they don't do telephonic advice readily and you will have to make an appointment to visit them and give them the full picture.
I do know that the nonEU spouse does not have to show financials or plane ticket to the Maltese Embassy if travelling with the UK spouse.
If your spouse plans to travel through the EU from Russia I'm sure the UK embassy will give you advice. After all, it's the Embassy that's going to be granting the visa, as much as we would like to be able to give you what we think is the correct information

Thanks for the help. Good point about airports. I think I will just arrange for us to depart from Ukraine or Russia and do the whole journey together.

The initial Schengen visa is only valid for 90 days and then one has to leave the Schengen area - or have proof that you intend to do so. I had proof of a flight to the UK. Once here we applied for residence but I only got mine after 4 months. In fact, when I got the visa, it was for a year so I did not need to travel to the UK. It was merely a formality to get the visa. As Ricky wrote "stick to the regulations"!!

I have my doubts as to whether your wife is going to get through just by showing passports and a marriage certificate from what I've heard. For your sakes I hope you are right because it's going to be a bit of a disaster if boarding is refused - surely it's worth consulting an embassy before the trip

Thanks guys.

My wife doesn't intend on turning up without a visa. She will get a Schengen visa beforehand. There are less requirements for the Spouse of an EU National though and the proof of returning to your own country does't apply, neither do proof of funds, employment etc., as you are applying to join/accompany your spouse. All they require is proof of marriage, passports and travel insurance. As I understand it.

When issued with the visa we are both allowed to stay for 90 days within which time if work, self sufficiency or self employment are found I can apply for residency for my wife and myself on that basis.

This visa issue was a big arugument on this forum sometime last week or so. People posted all wrong and imaginary information mostly taken from BEDTIME STORY BOOKS, I suppose.
Few of the post which were fact were chased out. Eventually it turned out to be useless to post anything right after that.

One thing is right though that you call up the Maltese embassy and get the corresct information.
Do not ask anyone anywhere else. 10 mouths 10 words!!!!!!!!!!!

kenkenif wrote:

Thanks guys.

My wife doesn't intend on turning up without a visa. She will get a Schengen visa beforehand. There are less requirements for the Spouse of an EU National though and the proof of returning to your own country does't apply, neither do proof of funds, employment etc., as you are applying to join/accompany your spouse. All they require is proof of marriage, passports and travel insurance. As I understand it.

When issued with the visa we are both allowed to stay for 90 days within which time if work, self sufficiency or self employment are found I can apply for residency for my wife and myself on that basis.

Pleased to read that. I'm sure all will go well

Hi smile2all,

I don't exactly know why you put so much trust in the Maltese embassy !

From personal experience I can tell you that even the guys at Castille ( former immigration department) did not know the relevant laws and had to be told (persuaded) to study the actual regulations. They made up their own interpretation!

10 mouths could even be 15 opinions and 'truths' ...-))) You are talking about Malta!

Nobody posted wrong information as every case  comes with a different issue and sadly, we get a lot of questions but not a lot of feedback as to how specific issues, often quite complicated,are dealt with.

Cheers
Ricky

smile2all wrote:

This visa issue was a big arugument on this forum sometime last week or so. People posted all wrong and imaginary information mostly taken from BEDTIME STORY BOOKS, I suppose.
Few of the post which were fact were chased out. Eventually it turned out to be useless to post anything right after that.

One thing is right though that you call up the Maltese embassy and get the corresct information.
Do not ask anyone anywhere else. 10 mouths 10 words!!!!!!!!!!!

smile2all - you do seem to have an axe to grind? Snide remarks as above are not what this blog is about, try lightening up a bit so that you don't come across as a very unpleasant person. Offer some concrete advice yourself instead of knocking those that are sharing their experiences - that is what this blog is about.

rooikat wrote:

smile2all wrote:

This visa issue was a big arugument on this forum sometime last week or so. People posted all wrong and imaginary information mostly taken from BEDTIME STORY BOOKS, I suppose.
Few of the post which were fact were chased out. Eventually it turned out to be useless to post anything right after that.

One thing is right though that you call up the Maltese embassy and get the corresct information.
Do not ask anyone anywhere else. 10 mouths 10 words!!!!!!!!!!!

smile2all - you do seem to have an axe to grind? Snide remarks as above are not what this blog is about, try lightening up a bit so that you don't come across as a very unpleasant person. Offer some concrete advice yourself instead of knocking those that are sharing their experiences - that is what this blog is about.

Concrete, cement or sand the sharing of the experiences/inexperiences here makes this blog confusing and unreliable. What if, instead of writing something wrong, a person just make a smiley or so and not insist of knowing things as you did yourself in your some other posts.
Don't you think a shoulder shrug would be better than tongue swag.
No hard feelings. Lighten up.

ricky wrote:

Hi smile2all,

I don't exactly know why you put so much trust in the Maltese embassy !

From personal experience I can tell you that even the guys at Castille ( former immigration department) did not know the relevant laws and had to be told (persuaded) to study the actual regulations. They made up their own interpretation!

10 mouths could even be 15 opinions and 'truths' ...-))) You are talking about Malta!

Nobody posted wrong information as every case  comes with a different issue and sadly, we get a lot of questions but not a lot of feedback as to how specific issues, often quite complicated,are dealt with.

Cheers
Ricky

Ohhh I'm a freelancer for the Maltese Embassy. 

No,Ricky this is not the case. I wouldn't trust the Embassies myself for certain data or other information.  But if you see the issue was quite a simple one and I wouldn't post unless I read some misleading input. And not to make the topic confusing I suggested that the Embassy needs to be consulted.
Even after posting hundreds  of right or wrong answers, the person for sure will call the Embassy.
Hope to not complicate things.
Cheers

smile2all -
'What if, instead of writing something wrong, a person just make a smiley or so and not insist of knowing things as you did yourself in your some other posts.'

For the sake of something to say you keep on insisting that everyone is wrong in what they post. My postings were correct so 'I don't have to make a smiley,' but I'll send you one anyway if it makes you feel better about yourself and your views

"surely it's worth consulting an embassy before the trip"



This is what you said eventually. You would have done this in the first post and save the guy some  PAY AS YOU GO internet money for checking on your precious anecdotes on this forum and save the smileys for some beneficial event.

smile2all - Wow, you really are a nice person, so nice that I couldn't be bothered to reply to your sarcastic posts in future, have a good life if you can

rooikat wrote:

smile2all - Wow, you really are a nice person, so nice that I couldn't be bothered to reply to your sarcastic posts in future, have a good life if you can

Thanks for unsubscribing me from your broom-list.  I will enjoy my remaining life in peace.

All information about visa and requirements for Russians is here:

http://maltavac-ru.com/spouse_documentsrequired.html

Maltese Embassy doesn't explain you anything - they don't care about visas (it's consulate and visa centre issues only)

Dear Kenkenif, I didn't read the entire thread but I just wanted to share my experience with you.  I met my now husband, a Tunisian asylum seeker, in Austria.  Long story, but we eventually were able to marry in Austria.  I am UK.  Clearly, he did not have an inkling of a visa, because he was an asylum seeker. We followed instructions on another forum that deals with immigration issues, and to make a long story short, we had our marriage certificate translated into English by an official translator, and also had it apostilled, bought our airline tickets on Air Malta, and went to get our flight.  We were the first in line at the Air Malta counter.  Because my husband did not have a visa, the boarding agents had to call in some higher ups, but once I told them that we were moving to Malta to take up residence (you might want to Google the Surrinder Singh case to get some background) we were allowed to board the flight.  We have been in Malta ever since with no problem.  So to answer your question, the answer is NO, your Russian wife does not need a visa if she is accompanying you, but having it does make life simpler.

ricky wrote:

Hi smile2all,

I don't exactly know why you put so much trust in the Maltese embassy !

From personal experience I can tell you that even the guys at Castille ( former immigration department) did not know the relevant laws and had to be told (persuaded) to study the actual regulations. They made up their own interpretation!

This is correct.  Some countries in the EU do not "want" non-EU immigrants (and even EU immigrants from some "lesser" countries) and so they do everything in their power to mislead or frustrate you.  It is not done out of ignorance, it is done on purpose.

So educate yourself on the law, and have copies of some of the case law pertinent to your situation on hand to show them that you are not ignorant of your rights. If they deny you a right, ask for the denial in writing because then you have proof and you can sue them for incorrectly following the directives.

In Kenkenif's case, the Surrinder Singh case comes to mind, among a couple others.

Thanks Stranger.

I thought that was the case. I have done lots of research on it and in some ways this thread confused the situation. I understand our rights concerning the directive, hopefully the border staff will too.

Sorry, it was not the Surrinder Singh case that refers to your situation, but another one.  This is the link to the immigration website with all the pertinent information.

http://eumovement.wordpress.com/2007/04 … u-citizen/

The EU Directives are not local Maltese Law, they are EU Directives. 

Malta or any EU country can "interpret" the law however they like but ultimately it is the EU that is the interpreter-in-chief, not the State.

Yes the Surinder Singh case will help if we decide to return to UK.

Good luck with your move!

After THOROUGH reading of the the 'Handbook for Processing Schengen Visas' which is sent to all EU visa application staff, it turns out that almost all of these documents are not required. When the spouse of an EU citizen applies for a visa to accompany or join their EU spouse the following questions are asked when looking at the visa:

'If any of the questions below are answered in the negative, the applicant is not entitled to the
specific treatment under the Directive (cf. point 3.7).
If, on the contrary, the three questions are answered in the affirmative, it has been established
that the specific rules laid down in the Directive indeed apply. Consequently, the guidelines in
points 2 and 3 below apply.'

Question no 1: Is there an EU citizen from whom the visa applicant can derive any
rights?

Yes me

Question no 2: Does the visa applicant fall under the definition of “family member”?

Yes spouse

Question no 3: Does the visa applicant accompany or join the EU citizen?

Yes we travel to Malta together.


It goes on to say that proof of those three things are needed when applying for the visa i.e. our passports, marriage certificate and plane tickets showing same flight details.

Also that no other proof is required and the application can be made in person at the consulate, has to be fast and free.

I understand that staff may not be aware of this and we need to be vigilant but those are the EU rules.

kenkenif, please click on the link I posted and read it.  It is very helpful and the information comes from immigration lawyers trained in EU law.

People who post here are well meaning but sometimes they get it wrong.

"Requirements for a visa (for family members of EU citizen)

For a visa to be issued on the basis of Directive 2004/38/EC, only the following requirements need to be satisfied:

The visa applicant is a direct “family member” of an EU citizen and has proof  (marriage or birth certificate or some combination) of the relationship)

The visa applicant will be travelling with, or joining, the EU citizen for a visit or permanent move to an EU member state.  (If they are going to the “home” country of the EU citizen, then there can be a requirement that the EU citizen had previously lived/worked in a different member state)

All travellers require a passport (or a national ID card for the EU citizen)

These are the legal requirements for all of the EU/EEA member states, including all Schengen members, the UK, Ireland, Romania and Bulgaria.  They also apply for Switzerland.

So, to get a Shengen Visa, all she needs is your marriage certificate and a passport.  Nothing else.

And to those people suggesting you have to show this or that or the other in order to get residency, hogwash!  You could travel to Malta with your wife with her having a Shengen Visa and have her "overstay" the Shengen Visa, have you never apply for a residence card, and both of you would STILL be legal.

Your rights as an EU citizen do not derive from an ID card that Malta issues.  They derive from the treaties and directives.

An ID card is "proof" of residency much like a birth certificate is proof of a birth, but the absence of a birth certificate does not mean there is no birth.  Likewise, the absence of a residence card does not mean you are not a legal resident.

Where a visa is required, “Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge, as soon as possible and on the basis of an accelerated procedure.“

There is no legal requirement that:

The EU citizen is already (or will be) living or working in a different EU member state
The non-EU family member holds a specific immigration visa or status. It is fine for them to have a nationally issued visa or a student visa or a visitor's visa or even implied status
The family member apply in their country of origin
The family member resides or previously resided in the EU/EEA  (This older requirement of some member states was overturned in several ECJ cases, especially Metock)
There is also no legal requirement that you submit:

bank statements
pay slips
letters from your present or future employer or school
letters of reference
proof that you will return at the end of the trip
airline tickets
confirmed hotel bookings
references or guarantees from people in the destination country
Please contact the European Commission's free Solvit service if you have any problems or are required to provide these things.  If they can not help, you can easily make a complaint directly to the European Commission.

In the unlikely event visa application is rejected, there must be a detailed explanation given about the reasons for the rejection, and there is an clear appeal process that you will be told about.   The only four grounds for rejecting a visa application are:

public health (i.e. a serious contagious disease)
national security
(big) public policy
the marriage was done solely for getting the visa
They can not reject an application because you did not provide, e.g., a bank statement or hotel reservations.

No visa but still want to travel?

Are you a direct family member of an EU citizen and you need to travel within Europe with your EU family member, but do not have a required visa?

If you have a “Residence Card” for a family member of an EU/EEA citizen, then you in most cases do not need a visa.  If you do not have this Residence Card, you may need a visa (depending on which passport you hold).

If you can get the visa in time for your travel, then do that!  It should be issued easily.  Travel is a lot easier if you have the visa and don't need to worry.  See: Requirements for a short stay visa as family member of an EU citizen.   Also be sure to see the warnings at the end of this posting!

But non-EU family members of EU citizens have a fundamental right (coming from the EU treaties) to travel together with their EU family members to any of the EU member states, even if they do not have the required visa.  This right has been clarified and upheld in 2002 by the highest European court, the ECJ, in the case C-459/99 (MRAX vs Kingdom of Belgium), and has been incorporated explicitly into Directive 2004/38/EC.

C-459/99 (MRAX vs Kingdom of Belgium)

The operative part of the ECJ decision C-459/99 (MRAX vs Kingdom of Belgium) (summary PDF of MRAX decision, full text of MRAX decision) reads:

1. On a proper construction of Article 3 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Article 3 of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services and Council Regulation (EC) No 2317/95 of 25 September 1995 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148.

Hi Stranger,

Thanks for the info! It's very helpful.

Quality information from 'stranger'.

Stranger, your example is not applicable for topic starter question. You (with your husband) were travelling inside the Schengen Area (Austria-Malta). They should not even care about your visas (probably they double checked because of asylum seeker status only).

For topic starter it's different situation - his wife will ENTER the Schengen Area, so the visa question is the main point

Please re-read the MRAX decision spidonov, with special attention to the portions I have highlighted.

C-459/99 (MRAX vs Kingdom of Belgium)

The operative part of the ECJ decision C-459/99 (MRAX vs Kingdom of Belgium) (summary PDF of MRAX decision, full text of MRAX decision) reads:

1. On a proper construction of Article 3 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Article 3 of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services and Council Regulation (EC) No 2317/95 of 25 September 1995 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa , where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148.