Myself (Dutch citizen) and my husband (US citizen) moved to Cyprus in late May 2022 to enjoy the beaches and run our business here. Aware of our duty to register within 3-4 months for residence we attempted to use Cyprus' online portal multiple times to get an appointment, and the portal did not function. We also tried contacting the relevant authorities repeatedly by phone but nobody ever picked up.
By December we were getting very nervous and contacted a service to help us get an appointment. This service asked us for all sorts of paperwork, including a criminal background check for my US citizen husband which is extremely hard to get, and said we had to get apostilles on all of our documents, even my EU documents. By the time we got these documents our rental lease had expired and the landlords, who were in divorce proceedings, repeatedly strung us along on renewing the lease.
Finally in May or June of 2023 we at least had all the documentation for my application. I signed the application and gave it to the service who, to my knowledge, should have filed it at that point. Later, in September or August, my husband managed to get an apostilled criminal background check which was clean. He notified the service, which told him to wait. Assuming we were waiting for my residency to clear we waited. He contacted them again in December 2023, nervous about the criminal background check expiring and was told to wait.
Then, last week, we were informed that not only had they not filed any paperwork (including mine), they required me to renew my passport (valid until April 24, 2024) and needed a new criminal background check from my husband, and a new lease which had once again expired. They also informed me if we filed for residency my husband's application would likely be rejected and he will be asked to leave the country for as many days as he stayed past the initial 90 days visa waiver he is entitled to as an American. For clarity, I think these requirements are coming from the service we had chosen to interface with the Cyprus government on our behalf, I am not sure they have even initiated the process of filing for residency.
I have since done much research into EU freedom of movement (Directive 2004/38/EC) as well as Cyprus regulations regarding this. I have found criminal background checks are not required (and maybe not even allowed to be asked for), EU documents (and potentially most of our documentation) do not need any apostille, and that he cannot be expelled simply for filing late. The Civil Registry and Migration Department website lists the penalty for not filing for a residence card for family members of non-Cypriot EU nationals as a financial penalty up to €2,500.
It is my understanding that as I am an EU citizen enjoying my rights to freedom of movement, my husband also counts as being here under freedom of movement for the duration, and cannot be denied residency for applying late, as applying for residence is an administrative matter. He also cannot be asked to leave while he is with me, and an entry ban cannot be put on him simply for filing late or not filing at all. Is my understanding in this matter correct?
Further, this experience has really soured us on Cyprus and we would very much like to pack our things and leave. Should we decide to leave together, will we face trouble at the border? We have multiple copies of our US marriage license including with apostille for Netherlands and Cyprus, and when I renew my passport I will put his last name on my Dutch passport as further proof of the relationship. We wish to fly to Germany and then house sit for friends for 60 days before traveling onward and settling in Portugal instead. Will he face detainment or other repercussions at the border if he is traveling with me? Can he be denied residency in Portugal due to not filing in Cyprus (despite our best attempts?)
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