Directive 2004/38/EC thread

[smah]

Guys, my husband applied to travel with me to Italy back in 2019 and after paid background check with long delay they refused his visa saying wrong application made. Taken your advise on this thread we contacted Solvit and they were helpful but again the Italian embassy in Bangladesh took round about 8 month of throwing it to each other between them and Solvit and in the last week of December 2020 they informed Solvit that they will issue my husband with a visa without justification but they never contacted my husband ever since. Any attempt we made to contact them was futile as the embassy in these third world countries have no accountability and act as though they are doing you favour by making life hell!! Now my husband of course have UK residency permit and we want to travel to Europe . So we need good guidance where and how do we go about it after proper Brexit now.. by the way I am White British holding British passport if that is of any concerns. Thanks in advance for your help

[digitalvannomad]

Hello everyone,

I've been reading all day on this forum but I've not been able to find a clear answer for our specific situation:

I'm a Dutch citizen living in Romania (for 10 years already). My wife is from Indonesia and lives with me in Romania, she has a family member residence permit in Romania.

We are currently traveling around Europe in a camper. Is it correct that my wife has the same freedom of movement rights as me? Meaning we can travel together around Schengen / Europe with no time limit as long as we don't stay longer as 90 days in a specific EU country?

I thought initially that the 90/180 day limit applied, but the consular office in Netherlands has told me that the freedom of movement rights means we can travel longer as these 90 days in Schengen, as long as we travel together and can proof that we are married.

Could anyone please confirm that this is correct? Can we travel together around Schengen with no time limit? (Except for the 90 days per country)

[MirzaAdil]

Hi ,

My father is Irish citizen he moved to Cyprus 8 years ago and applied tourist visas for all family A daughter 3 sons and wife. We came in cyprus almost 7 years ago, applied and granted temporary residency of 5 years and after 5 years we applied permanent residency cards on the 2004/38/EC directive 10 years that we have now for 1.5 years.

Then i went to my home country pakistan to marry and i cane back after 2 months and i applied tourist visa for my wife visa was granted she came in cyprus then i tried to register her to reside in cyprus but refused even they didn't accepted any application. the visa was for 85 days but she lived here for 7 months or so because she was pregnant. I tried everything contacted different lawyers but no change . Even if she give birth to child in cyprus still there was no hope so i sent her back to pakistan.

we all family is well settled here all of us have business but without a family its not possible to stay like this. Because my other brother also sent his wife back to country with his 6 months daughter.


So now we decided to move to portugal to do business and bring the families there and we are moving withe our father so basically we don't need visa to go to portugal.

My questions are

01- What status we can have in portugal and is it possible to change our existing permanent residency cards in portugal or need to apply again as a family member of eu citizen?

02- Can i apply for family reunification or anything to bring my wife from pakistan to portugal? Because in the Directive 2003/86/EC family reunification don't apply to us because we got the residency as 2004/38/EC.

[vinny]

If you become a Cypriot citizen, then you and your family members may exercise your freedom of movement rights in Portugal?

[Angel99]

Best way is to apply for citizenship in Cyprus if possible so you can easily move anywhere in EU with your family with just marriage certificate.

If what you have in Cyprus is a EU long term residency/ EU permanent residence card, it allows you to move to Portugal and apply for temporary residence there if you have sufficient funds/ business/employment there.

Then you sponsor your family via family unification in Portugal. Portugal makes it easy for families and nowadays they encourage immigration.

[Shimit]

Hello all,

Firstly, apologies for posting in what is a rather old thread! I've been searching the forum for an answer to my specific situation but haven't been able to obtain (to my confused mind!), a definite answer.

My husband and I are both UK nationals, residing in the UK but he also holds an Irish/EU passport. We normally spend 5 months of the year split between France and Spain. As we've been travelling together, normally we have no problems with me 'overstaying' my 90 days on exit from France or Spain due to the Directive 2004/38/EC. I have also travelled back and forth home to the UK alone, passport stamped on entry and exit but within my '90 days'.

However, on our next trip, I will need to fly home to the UK alone twice a month for a couple of days at a time for medical treatment. Some of these trips will inevitably happen after my '90 days'.

My understanding from a friend in a similar situation is that as long as I travel with copies of the Directive 2004/38/EC in the relevant languages, our original marriage certificate and a copy of my husband's IE/EU passport I should be able make any trips after my '90' days without issues upon arrival back into the EU, and border control at the airport will stamp my passport 'into EU' as normal, even after effectively exceeding my '90 days'.

Can anyone out there confirm that this is the case? My friend also mentioned something about any time spent in EU travelling with a EU spouse doesn't count towards my '90 days' but I'm not quite clear how or if this would impact our situation.

Phew! Well done if you got this far!

Thanks in advance for any help!

Shimit