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I have my Greek residence permit, Now what??

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xhesika
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Posts: 86
Joined: Sun Dec 02, 2007 4:10 pm

I have my Greek residence permit, Now what??

Post by xhesika » Sun Mar 09, 2008 3:41 pm

Any one familiar with the rules?

I am British,
my husband of 3 years is Albanian,
he was deported from UK in 2004,
we married in Albania 2005,
Have been living together in Greece for last year+half.

Ok so I now have a Greek pemanent residence card dated FEB 2008, how do we go about exercising my treaty rights to enable my husband to stay and work in Greece with myself? Whilst the people who sorted my Greek residence permit were really lovely, I could of found myself in alot of trouble, they did say the minimum savings is 10,000, luckily they ignored that my bank balance was considerably lower than the required 10,000 and I was given my Residence permit the same day. BUT if my husband is to apply to stay in Greece with me exercising my treaty rights, would there also be a minimum savings band?

I know I have asked before BUT where can we apply for this Greek permit for my husband? and When? What do we require( eg money, documents)

Please any help would be appreciated, we have tried many lawyers and most of them haven't a clue about the eu directive or have informed us wrongly ( I know that at least!)
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Ben
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Re: I have my Greek residence permit, Now what??

Post by Ben » Sun Mar 09, 2008 5:05 pm

xhesika wrote:Any one familiar with the rules?

I am British,
my husband of 3 years is Albanian,
he was deported from UK in 2004,
we married in Albania 2005,
Have been living together in Greece for last year+half.

Ok so I now have a Greek pemanent residence card dated FEB 2008, how do we go about exercising my treaty rights to enable my husband to stay and work in Greece with myself? Whilst the people who sorted my Greek residence permit were really lovely, I could of found myself in alot of trouble, they did say the minimum savings is 10,000, luckily they ignored that my bank balance was considerably lower than the required 10,000 and I was given my Residence permit the same day. BUT if my husband is to apply to stay in Greece with me exercising my treaty rights, would there also be a minimum savings band?

I know I have asked before BUT where can we apply for this Greek permit for my husband? and When? What do we require( eg money, documents)

Please any help would be appreciated, we have tried many lawyers and most of them haven't a clue about the eu directive or have informed us wrongly ( I know that at least!)
What are you doing in Greece? Working, studying or self-sufficient?

xhesika
Junior Member
Posts: 86
Joined: Sun Dec 02, 2007 4:10 pm

Post by xhesika » Sun Mar 09, 2008 7:33 pm

Me and My husband have the same job offer for the season i.e MAY-OCT, he worked there last year but at that time I wasn't registered in Greece and wasn't aware that I had to be, so registered this Feb and subsequently obtained MY permanent residence.

We live with his brother,his wife and 2 children in thier rented accomodation at the minute but will be renting our own house soon as I am back in Greece ( Have had to return to UK as have driving test end of this month + also waiting for small eye operation)

We do not currently have any savings although we have not lived the poor life,we have been economical.

we HAVE had savings but due to unforeseen circumstances (i'e death of mother in law, knee operation in different town, me having to return to uk to be admitted into hospital) they have now been reduced dramaticallly.

my husband has been working in Greece for the last 2 years and his 2nd 2 year residence permit will expire April 2009.
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SYH
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Re: I have my Greek residence permit, Now what??

Post by SYH » Sun Mar 09, 2008 7:36 pm

xhesika wrote:Any one familiar with the rules?

I am British,
my husband of 3 years is Albanian,
he was deported from UK in 2004,
we married in Albania 2005,
Have been living together in Greece for last year+half.

Ok so I now have a Greek pemanent residence card dated FEB 2008, how do we go about exercising my treaty rights to enable my husband to stay and work in Greece with myself? Whilst the people who sorted my Greek residence permit were really lovely, I could of found myself in alot of trouble, they did say the minimum savings is 10,000, luckily they ignored that my bank balance was considerably lower than the required 10,000 and I was given my Residence permit the same day. BUT if my husband is to apply to stay in Greece with me exercising my treaty rights, would there also be a minimum savings band?

I know I have asked before BUT where can we apply for this Greek permit for my husband? and When? What do we require( eg money, documents)

Please any help would be appreciated, we have tried many lawyers and most of them haven't a clue about the eu directive or have informed us wrongly ( I know that at least!)
If you are British, why do you need a greek perm residence permit?

Ben
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Post by Ben » Sun Mar 09, 2008 7:47 pm

xhesika wrote:Me and My husband have the same job offer for the season i.e MAY-OCT, he worked there last year but at that time I wasn't registered in Greece and wasn't aware that I had to be, so registered this Feb and subsequently obtained MY permanent residence.

We live with his brother,his wife and 2 children in thier rented accomodation at the minute but will be renting our own house soon as I am back in Greece ( Have had to return to UK as have driving test end of this month + also waiting for small eye operation)

We do not currently have any savings although we have not lived the poor life,we have been economical.

we HAVE had savings but due to unforeseen circumstances (i'e death of mother in law, knee operation in different town, me having to return to uk to be admitted into hospital) they have now been reduced dramaticallly.

my husband has been working in Greece for the last 2 years and his 2nd 2 year residence permit will expire April 2009.
Right, key point here then is that you are working in Greece. You are therefore exercising EU Treaty rights in Greece.

While exercising EU Treaty rights in Greece you are entitled to reside in Greece without restriction, and cannot be treated differently from a Greek national, in this regard. This claim that you must have €10000 savings is fictitious. In fact, it is ridiculous. You can save as much or as little as you want, so long as you have a job. The "people who sorted (your) Greek residence permit" need to read Directive 2004/38/EC a bit more thoroughly.

You'll pleased to know also that, in accordance with Directive 2004/38/EC, so long as you continue to exercising in Greece, your Albanian spouse is entitled to exactly the same rights as you are. He is entitled to a residence permit without charge and he can work in any job he pleases. As an EU citizen, you do not need a residence permit.

Finally, so long as you continue to exercise EU Treaty rights, you both become permanent residence of Greece after a period of 5 years, automatically.

xhesika
Junior Member
Posts: 86
Joined: Sun Dec 02, 2007 4:10 pm

Post by xhesika » Sun Mar 09, 2008 7:52 pm

I don't have a clue!

I had to be registered with the police station for my husband to be able to apply for a visa with me exercising my treaty rights (something to do with evidence of my entry+residence for applying), someone on here told me this, and also the greek police seemed to know exactly the same but unfortunately they haven't a clue how my husband can obtain the permit to stay and work in greece with myself........... most people don't have any idea how where what................. Does anyone on this lovely site have any valuable information?

(if we get the information we need, we will be applying for the EU PERMIT as soon as possible)

Its confusing....If I was polish, I could bring my Albanian husband to Uk but not Poland, and I am english so therefore cannot bring my Albanian husband to uk but I can take him elsewhere in Europe, I know this.

But how do we apply, what documents do we need, where do we apply, will savings be a problem and can we travel throughout Europe(excluding UK) with this permit or must we apply at each and every separate countries embassy?
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xhesika
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Posts: 86
Joined: Sun Dec 02, 2007 4:10 pm

Post by xhesika » Sun Mar 09, 2008 7:59 pm

You'll pleased to know also that, in accordance with Directive 2004/38/EC, so long as you continue to exercising in Greece, your Albanian spouse is entitled to exactly the same rights as you are. He is entitled to a residence permit without charge and he can work in any job he pleases. As an EU citizen, you do not need a residence permit.
OK thankyou for your advice.........how do we go about my husband obtaining residence etc?
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Ben
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Post by Ben » Sun Mar 09, 2008 8:08 pm

xhesika wrote:Its confusing....If I was polish, I could bring my Albanian husband to Uk but not Poland, and I am english so therefore cannot bring my Albanian husband to uk but I can take him elsewhere in Europe, I know this.
Except where you have been exercising EU Treaty rights in another Member State and wish to return the UK and continue to exercise EU Treaty rights. In which case your Albanian husband would be entitled to accompany you in accordance with the Surinder Singh ruling. In short, you can move to the UK together once you have been legally resident in Greece, in accordance with Directive 2004/38/EC.
xhesika wrote:..will savings be a problem and can we travel throughout Europe(excluding UK) with this permit or must we apply at each and every separate countries embassy?
Savings are not a requirement as you are working. If you are traveling together, your husband's resident permit, issued in accordance with Directive 2004/38/EC, as all that is required for his entry to another Member State for short visits of less than three months.

As for the specific, Greek interpretation of Directive 2004/38/EC and their processes and procedures, I cannot help with that. Hopefully someone else will come on who can. :)

xhesika
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Posts: 86
Joined: Sun Dec 02, 2007 4:10 pm

Post by xhesika » Sun Mar 09, 2008 10:11 pm

ok thankyou so much. can you give any more detail on the period we must be resident in greece before applying to exercise rights under surinder singh rule and return to uk? does the return to uk have a time limit i mean is it valid just for 3 months or so or is it valid for residency in uk?
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Ben
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Post by Ben » Sun Mar 09, 2008 10:32 pm

xhesika wrote:ok thankyou so much. can you give any more detail on the period we must be resident in greece before applying to exercise rights under surinder singh rule and return to uk?
No minimum, providing the period of residence in Greece is legal in accordance with Directive 2004/38/EC.
xhesika wrote:does the return to uk have a time limit i mean is it valid just for 3 months or so or is it valid for residency in uk?
Residence permits issued to non-EEA family members must be valid for 5 years. However, you must continue to exercise EU Treaty rights during the period of residence.

xhesika
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Posts: 86
Joined: Sun Dec 02, 2007 4:10 pm

Post by xhesika » Sun Mar 09, 2008 10:45 pm

oh ok so how would I as a british citizen be exercising my treaty rights in the uk?

Also I know I asked before and I know I may look a bit thick but I am curious as to where to apply for this residence permit for my husband to stay in greece and afterwards where to apply to enter uk......is this a separate application or will the greek residence permit be sufficient for entry and residence (as long as Greek permit is valid) to the UK
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Ben
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Post by Ben » Sun Mar 09, 2008 11:05 pm

xhesika wrote:oh ok so how would I as a british citizen be exercising my treaty rights in the uk?
Since you would be returning to the UK after exercising Treaty rights in another Member state, taking your non-EEA family member with you, you must exercise Treaty rights in the UK as if you were any other EU citizen in the UK. In other words, find a job within 3 months, or study, or open a business.
xhesika wrote:..and afterwards where to apply to enter uk......is this a separate application or will the greek residence permit be sufficient for entry and residence (as long as Greek permit is valid) to the UK
Your husband would have to apply for an EEA Family Permit at the British embassy in Greece. An EEA Family Permit is a visa for a family member of an EU citizen who wishes to accompany or join the EU citizen who is exercising / will exercise EU Treaty rights in the UK.

Your husband's Greece residence permit would be required for his application for an EEA Family Permit, to prove legal residence in Greece prior to the application. Once in the UK and you have a job, your husband must apply for a residence card using for EEA2.

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