2nd attempt non eu spouse

My personal experience with the subject:

I'm Italian and she's Brazilian. We was living in Brazil before move to Malta.

She came with the tourist visa (90 days for Brazilians) and me, of course, with my italian passport. I rent an apartment in my name. After that, we apply for the residence with the self-sufficient category. Two months after, we receive the ID and her ID have the clarification: "Residence card of a family member of a Union Citizen (art 10 - Dir 2004/38). That's it.

Answering the questions:

1) She don't need to find a job (me and my wife do not have jobs here). Look the self-suficient residence category.

2) You can look for a job but, IMHO it's better with the ID.

3) The card is valid for 5 years and yes, you don't need anything more in EU to travel alone, except for UK (I think, please, English friends, confirm this info).

4) You can rent an apartment without the ID. Your wife can do it (like me).

I hope that this answers help you in some way.

Regards

pmichelazzo wrote:

3) The card is valid for 5 years and yes, you don't need anything more in EU to travel alone, except for UK (I think, please, English friends, confirm this info).

most of mainland europe is part of the schengen agreement
http://en.wikipedia.org/wiki/Schengen_Area
so it means you can travel through Europe without the need for a passport however you should always carry some form of identity document and the Maltese residency card is not a valid form of id for such purposes though from what i gather some people have used it .

The UK is not part of the Schengen agreement so you would have to abide by the rules of entry

One cannot travel on Malta eResidence/ID card alone as an Expat.
It is not a valid travel document.
Some form of photographic ID is required.
For UK, you will require a passport.

Being used to traveling to the UK and showing passports all the time, we were rather surprised that on our Christmas trip to Munich we did not pass through any sort of immigration control whatsoever into or out of Germany or back in to Malta, we did not have to show any ID or passports at all. We literally went straight from the plane to baggage claim and out of the door.
We did have to show our passports on leaving Malta in the first instance but that was all.

Ray

yes germany is in the schengen agreement

I agree, the same for us on a recent trip to Rome though it is the airlines that require photo ID, at least in our case. This could explain why some are able to use eResidence cards, though technically they should not.

robpw2 wrote:

yes germany is in the schengen agreement

We are fully aware of that, the point was that we were not asked for any form of travel document to show where we had traveled from, so we might have arrived from outside the Schengen area.

Ray

F0xgl0ve wrote:

robpw2 wrote:

yes germany is in the schengen agreement

We are fully aware of that, the point was that we were not asked for any form of travel document to show where we had traveled from, so we might have arrived from outside the Schengen area.

Ray

That will be because they know what aeroplane you arrived on and departure point.
Arriving from outside the Schengen  area mean checks have already taken place at the point of departure.
If it had arrived from outside of the EU  then checks would have been made on arrival.

Terry

tearnet wrote:

That will be because they know what aeroplane you arrived on and departure point.
Arriving from outside the Schengen  area mean checks have already taken place at the point of departure.
If it had arrived from outside of the EU  then checks would have been made on arrival.

Terry

Malta airport did not know which plane we had arrived on as there was another unloading on the tarmac and using buses at the same time as us, it was from the UK.

If arriving from outside the Schengen area, ie the UK, checks are made at both ends not just at point of departure.

Ray

Thanks a lot for all the information guys.
As I understand it I would get the EU residency card which I know is not a valid travel document. My passport will always be seen as I am not of the EU region.
My question is whether I can travel to other EU countries with my passport and the e residency card without having to apply for a visa to those countries.
As currently any country I want to travel to I will have to get a visa.
Also I have read up and apparently I can travel to any EU country after I have a EU residency card as long it is with my spouse. But cannot travel alone is that right?

What would be your recommendation to look for jobs in Malta? Online? Any websites I can check out?
Also I have heard it's very seasonal as apparently there are no jobs in winter months and a lot in the summer is that correct?
I am hoping to get into the IT field as I'm getting some certifications before I get there.
My wife used to be a chef but is now a restaurant manager of a fancy restaurant here in dubai and have certifications of business management and project development and management.

Do you think there is any scope for either one of these in Malta?

Thanks a lot for all the answers guys you have been amazing!!

If you are the holder of a valid residence card for a family member of an EU citizen   and a valid travel document, you can travel:

    to other Schengen zone countries and spend in their territory up to 90 days in any 180-day period. It is not necessary to accompany or follow an EU Citizen.
    to EU countries outside of the Schengen zone and spend in their territory up to 90 days in any 180-day period under the condition that you accompany or follow an EU citizen. If you are travelling alone and are subject to visa requirements, you will need a visa.

Thanks for that mate!!
Also I know I'm being a pain in the ass but here in dubai we have to apply through vfsglobal and there requirements for a tourist visa for Malta are that I must show hotel bookings and proof of financial funds for my stay. Which is a last 6 month bank statement.
I am not sure how this applies to me as per EU law it states I must be given a visa if being accompanied by my EU spouse.

I had the Same problem 6 month ago when I applied for a Spanish tourist visa to travel there with my wife who have a British passport with Spanish permanent residency for my marriage blessing. They rejected my visa initially. But once I went with my spouse to the embassy and showed them all the reasons and proof of the wedding dress and all the money we had spent on the blessing they over turned there decision and granted me the visa. They said the reason they rejected it initially was because they didn't think I had enough funds in my bank account.
The only other visa I could apply for is the family reunification to join an EEA citizen. Which I am unsure applies to me as I am not going there to join her and instead am going with her.

Seems a little confusing

F0xgl0ve wrote:

tearnet wrote:

That will be because they know what aeroplane you arrived on and departure point.
Arriving from outside the Schengen  area mean checks have already taken place at the point of departure.
If it had arrived from outside of the EU  then checks would have been made on arrival.

Terry

Malta airport did not know which plane we had arrived on as there was another unloading on the tarmac and using buses at the same time as us, it was from the UK.

If arriving from outside the Schengen area, ie the UK, checks are made at both ends not just at point of departure.

Ray

When travelling from  Sicily to Malta by ferry checks are only made in Sicily before departure.
There is no check in Malta, whether you travelled from  a Schengen or non Schengen country. 

Terry

Hi,

being a Shengen country means that the country is responsible for checking details of arrivals from outside the Schengen area..

So which flights arrrive in Malta from outside the Shengen area? Flights from Dubai,Istanbul, Great Britain (sorry!) and a few others.

If Malta where not to check arrivals in Malta from outside the Shengen area Malta would have a huge problem ! Even departures to the UK and other countries go through extra passport counters !

When I check in at Frankfurt to fly to Malta I don't even need a passport as I use a machine !

Regards
Ricky

You mix some points.

1. EU citizens don't need visa during the travelling inside EU. And they don't need passport (ID is enough)
2. Non-EU citizens, even having Maltese e-Residence card, are still required passport in any travel.
3. Visa requirements for e-Residence card holders are the same as for their native country passport holders. So if I am Russian and want to travel to UK - I still need a visa even with Maltese eResidence card since all Russian need it. If Canadian can enter UK without visa - they still can enter without visa with Maltese eResidence card.
4. Schengen area are visa-free for any Maltese eResidence card holder (card of any schengen country, actually, not only Malta).
5. Passport and visa checks in the airports inside schengen area are the requirements of the airline representatives, not border officers (there is no borders inside). So if you pass from Germany to Malta without any checks - it's great, but it's a risk for Lufthansa
6. Of course, there are different gates in Malta airport for Schengen and Non-Schengen arrivals. Non-Schengen are entering through the passport check, but schengen are entering directly to the big hall with duty free shops.

3 . the reason you would need a visa to enter the UK if you were Russian is because , The United Kingdom is not a member of the schengen agreement  but if your married to an Eu citizen and you were traveling with them from Europe  you wouldn't need a visa to enter the UK .
If your living in Malta with your spouse and you both decide to visit the UK you don't need a visa ...
if your living in Malta and you decide to visit alone then you would be subject to any visa requirements laid out ..

if your living in Malta with your spouse and choose to visit any of the countries listed below
  Austria
-  Belgium
-  Czech Republic
-  Denmark
-  Estonia
-  Finland
-  France
-  Germany
-  Greece
-  Hungary
-  Iceland (not a European Union Member State)
-  Italy
-  Latvia
-  Liechtenstein (not a European Union Member State)
-  Lithuania
-  Luxembourg
-  Malta
-  Netherlands
-  Norway (not a European Union Member State)
-  Poland
-  Portugal
-  Slovakia
-  Slovenia
-  Spain
-  Sweden
-  Swiss (not a European Union Member State)
you can do so alone or with your spouse without the need for a visa .


if your visiting from outside of the EU  so your first entry to a European country you would need a visa to enter (unless your one of the country that don't require visas) this is usually automatically granted if you have an EU spouse

A Maltese e-residence card literally allows you to live in Malta , it doesn't and isn't meant to be used as a valid travel document and you should always carry your passport or Identification card(those countries where id and passport are joined)  where possible because why you may not have to show it at borders you may be asked for it by the police. And you are required to have it if you enter a non schengen country such as the UK

Spiridinov, you mix some points.................................

The points being the difference between an eResidence card for ex pats and an ID card for Maltese Nationals.

They are NOT the same thing.

An eResidence card is NOT a travel document for any expat but may satisfy the photographic ID requirements for airlines.
An ID card for Maltese National is a valid travel document, for Maltese Nationals within the Schengen Area as it contains biometric information (which the eResidence card which is for expats does not).
Therefore, as an expat always carry your passport, anywhere in case you are stopped by any agency anywhere.

WOW ! this has gotten a whole lot more confusing for me.

I thought I have figured it out but its seems after the last few posts im still bloody lost.

I understand since I am non EU citizen and the visa I have requires me to get a visa for pretty much every country on earth I will initially need a visa to enter Malta with my wife whether is this tourist or whatever else.

After which once I have my e-residency card and my initial tourist schengen visa to Malta is now expired does that mean I can travel with my wife to other EU countries part of the Schegen agreement without having to goto the embassy of the  country I am travelling to and applying for a visa. I will obviously take my passport and my e-residency card with me when travelling as the e-residency card isnt a valid travel document and the passport is?

I hope I have understood this right.

Also I have read that for the self sufficiency category of the visa which me and my wife will apply for we need 23,000 EUROS? is that correct? So at the time of applying for the visa we should have that amount in our bank account?

Since we will be coming this with around 10,000 to 15,000 euros and then will be looking for jobs will that be sufficient? Or can we not apply for the self sufficient category?

Thank you,

Hi ozzy,

what you say about travelling within the Schengen area with the e-residence card is correct. The card replaces a visa requirement within the common area . You will always need your passport as well as a non-EU citizen.

Your wife as an EU citizen has up to 6 months to find a job. What you need to show is that you the funds so that you do not have to fall back on the Maltese state. And health insurance !

I'm sure you are aware of the fact that you have to declare the amount if you bring more than 10.000 € into the EU ( in any currency) . If not the amount can be confiscated. If you declare a higher amount ( and can explain where it came from and why) it is also ok -)))

Cheers
Ricky

Dear Ricky,

Thanks for clearing that up. LOL took ages to get that one cleared up as everyone seems to have there own opinion on the matter.

In the 6 months that my wife is there I am sure she would be able to find a visa.

Is there an amount which has to be shown so we don't fall onto the Maltese state? I would imagine 10,000 Euros would be a decent amount? or am i getting it wrong. Of course we would be able to prove where the money came from as we can bring bank statements and pay slips from Dubai.

We plan to open a bank account on my wifes name when we get there and deposit the money in it so we dont have issues applying for my e-residency.

Thanks again!!

Hi ozzy,

on a ramble with the Maltese Ramblers I talked to a friend deals professionally with non-EU's wanting to relocate to Malta.

In the course of our chat I learnt that those coming to Malta on the citizenship scheme and also those going for the IIP scheme come to Malta with a tourist (Schengen visa) and use the 3 months to register/apply for the e-residence card. So it sounds as if that is the best option even if one partner/spouse is EU .

He also reported about a Maltese/Phillipino couple (married) arriving from Dubai without a visa for the Phillipino wife being detained at the Luqa airport when they arrived from SA via Dubai. Of course the Freedom of Movement laws within the EU do not apply for the home country ( in this case Malta) as then you are liable to national laws and not EU regulations if you do not move to 'another' EU country. HE did not know how or if they were able to resolve the issue.

Cheers
Ricky

Dear Ricky,

thank you for the valuable information.

We plan to apply for a Schengen tourist visa for me. But I am not sure whether they will grant it or not. As per EU law though I am supposed to be granted the visa. Unless I am a threat to there national security.

Is there any chance you can PM me the details of your friend who deals with non-EU spouses wanting to relocated to Malta. Like and email address and phone number. As we are searching for someone with expertise in this field.We would like to get his services. And would be willing to pay the needed amount. 
Would be a massive help.

She is a British citizen so I suppose she would be moving to 'another' country i.e. Malta.

thanks again for the information you have been a massive help.

Hi ozzy,

my contact actually deals mainly with buying Maltese citizenship ( passport) and financial issues that evolve around this. Entering Malta and the Schengen area to apply for the required 1 years residency period are only a secondary issue.

So I don't think this will help you much. In your case you can deal with it yourself just as well as having a lawyer process the application for you. As soon as one of you has EU citizenship it is not a big problem.

Cheers
Ricky

Hey Ricky,

No worries thanks for that anyway.

I kinda don't get what you mean by "to apply for the required one year residency period".

I am really confused again sorry!! Cause I spoke to a lawyer who deals with UK immigration and he told me that I would have to live in Malta for 5 years to get the EU residency.

My understanding was that the Maltese E-residency card it was the same as EU residency as I am a spouse of a English national. Is that correct? Or would I only be entitled to rights if free movement within the EU after 5 years?  Sorry mate.

You think you could tell me step by step what the process would be?  I know you have mentioned it before but it's still seems a bit confusing to me as I keep getting conflicting information.

Thanks

Hi ozzy,

don't worry . The 1 year residency period i quoted has nothing to do with your situation !

That only has to do with those non-EU citizens ( both) with enough money to buy a Maltese passport ! One requirement for them ( apart from a lot of money) is that they have to be resident for

Hi ozzy,

part of the message got lost :

Hi ozzy,

don't worry . The 1 year residency period i quoted has nothing to do with your situation !

That only has to do with those non-EU citizens ( both) with enough money to buy a Maltese passport ! One requirement for them ( apart from a lot of money) is that they have to be resident for at least one year.

If one partner is an EU citizen you get the residency anyway!

Step by step :
Come on a Schengen visa with your spouse
Spouse registers as resident in Malta and applies for your residency as family member
He is a resident and you receive the same rights as an EU citizen ( ie don't need a work permit and can travel within the Schengen area without visa).

After 5 years you could apply for permanent residency but it might not make that much sense in your case!

Cheers
Ricky

Dear Ricky,

Hahaha. Thanks a lot again your seriously a legend!!
We would be coming with a maximum of 10,000 to 15,000 euros essentially enough for us to rent a place and begin the process and start looking for jobs.

All had another question once I get the e residency card which is the same as the EU residency card?  Would I be able to travel to other parts of Europe after we are don't with Malta and work there as well? Or can I only go there as a tourist? Also once the card expires after 5 years what's the renewal process?

Thanks again mate. Seriously your like the most helpful person I have ever met!! Hopefully when I get to Malta I can shout you a night of beers!!

Hi ozzy,

no, you can't just go to another EU country with the Maltese e-residency card and work there. There is no 'EU' residency card as such but it is valid in other EU countries for travel with your passport.

The e-residency card is still a national thing . If you both move to another EU country permanently you have to register/apply for residency there and then be able to live there and work there. With an EU partner/spouse it is no problem. Just the same procedure in another EU country.

When the card expires you just register/apply for a new one. IT only applies to the country you are living in anyway. Once you leave the country you are resident in permanently you are supposed to give it back.

Cheers
Ricky

Hey guys!!

Thanks again for all the messages and advice.
I had another question. I noticed and read recently that ad per the ruling in Luxembourg in December 2014 the UK lost the case and now has to allow non eu spouses to move to the UK with there British spouse if they hold a valid eu residency card issued by another country.
As long as they can prove they moved there "center of life"  to that country.

I am a bit confused about this as if me and wife who has never lived in the UK moved to malta lived there for at least 6 months to a year I would imagine we would have moved our center of life to that country. As we would not own any property or owe the government of the UK anything really. We would sell all out assets in Dubai and would be moving to Malta and getting and apartment and essentially starting from scratch!

How is the UK implementing this new ruling by the courts in Luxembourg? And would one even be allowed to board the airline from another EU country with a valid Maltese residency card which on it would state the EU law directive that it has been issue to a family member of an EU citizen.

Of course one would also use there passport to travel as you can't just get on a flight  with a Maltese residency card.

All seems a little confusing really. Anyone have any experience or know how with this?

All comments would be appreciated!

Hi ozzy500,

I was in the same situation with my American girlfriend (family member of an EU citizen ). We /she never had a problem travelling to the UK and back to Malta with her US passport and Malta residency document.

Cheers
Ricky

Hey Ricky,

Thanks for the reply. That's good to hear.
For example would she be able to travel with you and really relocate to England if you guys ever decided to?  Or did she have to apply for a family visa everytime she went to the UK with you?

Hi ozzy500,

I think so.

Other bi-national friends ( he British, she USA) moved from Malta to the UK about 2 years ago. The only point might be that the Free Movement Law within the EU applies to all countries except your own home country. If you move to your own home country in the EU national law applies. But that should not be a problem.

Whenever we went to the UK for a visit she did not need to apply for a visa.

Cheers
Ricky