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Christyarrr
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Joined: 03 Sep 2012
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 Posted: Mon Sep 03, 2012 8:32 am Post subject: CYPRUS MEU2A form vs M61B |
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Sorry in advance if this has already been answered--I am having a hard time browsin through this site on my mobile, as that is the only thing I have access to at this moment.
I am an American who married a Cypriot this past June in the States. I am currently in Cyprus trying to figure out what paper work needs to be filed.
We called over to the immigration office in Nicosia and the woman on the phone directed me to the MEU2A form, the application for issue of residence card for non-EU citizens family members of Union Citizen.
We don't actually live in the country's capital, and just went to the local immigration office. There we were told that the MEU2A form doesn't apply to me and that i am to file Form M61B, application for the renewal of a temporary resident's permit. Online elsewhere, I found that M61 is the application for "Third Country Nationals Married to Cypriot."
I am not sure who is right and who knows what they are talking about. While is in a different context, Cyprus is notorious for its horrible immigration system. So many horror stories of people who have filed everything they were told to file, with years passing before the issue gets resolve.
Thanks in advance for any insight. I appreciate it greatly. |
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EUsmileWEallsmile
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Joined: 07 Oct 2011
Posts: 4549
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| Posted: Mon Sep 03, 2012 6:37 pm Post subject: |
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| While I don't know the specifics for Cyprus, but a third country national (ie you) married to a union citizen (the Cypriot) living in the union citizen's home country (ie Cypress) does not normally benefit from directive 2004/38/EC. Therefore, the local immigration office are probably correct in that the residence card (MEU2A) is not appropriate. |
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mastermind
Member of Standing
Joined: 01 Nov 2007
Posts: 149
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| Posted: Wed Sep 05, 2012 12:36 am Post subject: |
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Looks like the local office is wrong (those immigration offices are notorious for incompetence and worse  ):
1. http://www.immigrationboards.com/viewtopic.php?p=350195#350195
2. http://www.prio.no/upload/Free%20Movement%20of%20Workers%20in%20Cyprus%20and%20the%20EU%20series%2012010.pdf
On page 5:
| Quote: | It is noted that the Ministerial Committee for
the Employment of Aliens decided on 28.8.2009 that all matters of entry and stay in the
Republic of family members of Cypriots will be decided on the basis of the respective
conditions for family members of other EU citizens as provided in Law 7(1)/2007. |
So, at least:
1. The Supreme Court of Cyprus ruled in 2006 that family members of Cypriots should be treated the same way as family members of EU nationals.
2. Some kind of Cypriot inter-ministerial committee ruled the same thing in 2009.
Also
3. A couple more of Supreme Court case law:
http://www.cylaw.org/cgi-bin/open.pl?file=apofaseis/aad/meros_4/2009/4-200909-1498-08.htm
http://www.cylaw.org/cgi-bin/open.pl?file=apofaseis/aad/meros_3/2010/3-201004-45-07%20.htm
(they are in Greek, but Google Translate service works pretty good)
A quote from one of these cases (Google translation):
| Quote: | | It should be reiterated that this right is not provided directly by the N.92 (I) / 2003, which refers to relatives nationals of Member States of the European Union, but we believe that a right or law Directive gives Member States nationals Union, should cover and Cypriots. |
And
4. Your husband should insist (and very loudly as many Cypriots like to do  ) that he is not discriminated (as opposed to other EU nationals) in his own country and that his wife should have the same advantages as a wife of any other EU national 
I think it is worth insisting that your application is processed via MEU2A form as in this case you will be issued with a 5-year "residence card" ("yellow slip") while applicants on M61 usually get only 1 year "pink slip". (plus it might take arbitrary amount of time, it is not uncommon that when you receive it it is time to apply for renewal in a few weeks) Applying under EU law will also ensure guaranteed "permanent residence" after 5 years under Directive 2004/38/EC.
You can download the form and prepare it in advance, it is available on the ministry's website: http://www.moi.gov.cy/moi/crmd/crmd.nsf/DMLInfMaterial_en/DMLInfMaterial_en?OpenDocument&Start=1&Count=1000&Expand=2
Besides, when applying under EU law you can have the 6-month time limit for application processing (yes, it can take them more!) enforced via SOLVIT.
European Commission's guide on the application of EU law is available here: http://ec.europa.eu/justice/policies/citizenship/docs/guide_2004_38_ec_en.pdf (essential read for anyone who wants know their rights) |
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EUsmileWEallsmile
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Joined: 07 Oct 2011
Posts: 4549
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| Posted: Wed Sep 05, 2012 6:12 am Post subject: |
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Good post. |
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