Peruvian to join spouse in EU

richiesuk · Post by **richiesuk** » Sat Mar 31, 2018 11:23 pm

Dear all,

I am a British-Hungarian dual citizen and married to a Peruvian lady since December.
We have the official marriage certificate and officially translated to English and Apostilled in January.
I will start a job in Malta from July. My wife wants to join me in Europe,but it is not clear at all when she boards the plane does she have to provide any evidence that she is my lawful wife and joining me in Europe?

Many ppl had issues with airline companies, their boarding were declined cos they asked for return ticket and hotel booking during they stay in EU, but she will not be just a tourist, she is joining me under EU family reunion.

We want to avoid any issues in the future. Can you show me the law for this situation? She is flying to Amsterdam and we are planning to travel together from there.
I know she has to apply for a EU residence card within 3 months.

also The Schengen Area introduced visa free access for Peruvian citizens for 90 days on 15 March 2016.

thanks a lot,

Richard

Caravel88 · Post by **Caravel88** » Sun Apr 01, 2018 12:42 pm

First, she can travel without a visa (as you said) and without a return ticket.
No one will ask her for a return ticket.
She should have your marriage certificate and a copy of the ID page of your passport.
Once she arrives in Amsterdam, border control might ask her why she is travelling, how long she is staying, and possibly a return ticket. In which case she should show them your ID and marriage certificate, and tell them that you are waiting to meet he outside the gate and you will be travelling together to Malta (and possibly show copy of joint tickets for this).

She can not be denied entry.

richiesuk · Post by **richiesuk** » Mon Apr 02, 2018 3:49 pm

Hello,

It is unbelievable how not uniform the knowledge amongst the officers.

My wife just called the Dutch embassy and they said:

To avoid denying entry without return ticket She need to show:
-eu spouse work contract
-residency confirmation
-work contract for her
-proof that we are leaving Netherlands

Can somebody tell me where we can find the latest law?

If she has issues at the border, what she can do?
I will be waiting for her outside, in the terminal.
We gonna travel back to Hungary by car then taking a flight to Malta (or drive). Have not decided it yet.

Thanks

richiesuk · Post by **richiesuk** » Tue Apr 03, 2018 9:10 am

anybody can comment on this?

thanks a lot!

Regards

gokulatti · Post by **gokulatti** » Wed Apr 04, 2018 9:29 am

richiesuk wrote: ↑
Sat Mar 31, 2018 11:23 pm
I am a British-Hungarian dual citizen and married to a Peruvian lady since December.
We have the official marriage certificate and officially translated to English and Apostilled in January.
I will start a job in Malta from July. My wife wants to join me in Europe,but it is not clear at all when she boards the plane does she have to provide any evidence that she is my lawful wife and joining me in Europe?
-since she is a visa free national for schengen, just the passport and boarding pass will do from Peru-->Ams (I assume) However, When she lands in AMS the schengen border official has every right to get in to details of her travel based on two scenarios a) entry as a visa free national of peru, where she has to show she satisfies all the requirements of a tourist i.e. subsistence, lodging, prolly a return ticket etc. b) entry as a family member of EU national in which case she needs to show marriage certificate apostilled, proof she is joining the EU national in question (a written letter from you stating you are here in Ams already and you are waiting for her to join you, since the first 3 months are unconditional, this should be sufficient) and would help if you are actually in the airport just in case. Not mandatory to show subsistence or lodging proof.

Many ppl had issues with airline companies, their boarding were declined cos they asked for return ticket and hotel booking during they stay in EU, but she will not be just a tourist, she is joining me under EU family reunion.
-Airline companies are not immigration officers, all they can check if you have a valid ticket and valid visa or exemption, should not ask to show lodging details. Airlines travel system are some what standardised all over the world, so their system should show the exemption of eu family member or visa exemption national.

We want to avoid any issues in the future. Can you show me the law for this situation? She is flying to Amsterdam and we are planning to travel together from there.
I know she has to apply for a EU residence card within 3 months.
-what I wrote above is solely about entry, where as residence (stay for more than 3 months in any EU state) is a different ball game, where you have to satisfy the requirements of Directive 2004-38 about exercising treaty rights. in your case since you have a job in malta should be easy. Think of your family member in the context of EU law as two magnets attached together, if you have every right to stay in any member for more than 3 months, your spouse does too as long as it is a genuine family relationship.

also The Schengen Area introduced visa free access for Peruvian citizens for 90 days on 15 March 2016.

richiesuk · Post by **richiesuk** » Wed Apr 04, 2018 3:32 pm

thanks a lot,

so no need for an official (from police) invitation letter, like Spain ask for it, for a family visit?!

we have the return ticket... and will have the hotel bookings in hand too.

so if she says to the immigration officer that she is here for family reunion, so would be a letter written by me enough?

still..does she need to prove the financial requirements for that time she booked the flight, the 95 eur per day or 45 eur per day is she stays with me?

agrhh this is not clear and straight forward....

thanks a lot

richard

gokulatti · Post by **gokulatti** » Wed Apr 04, 2018 6:20 pm

richiesuk wrote: ↑
Wed Apr 04, 2018 3:32 pm
so no need for an official (from police) invitation letter, like Spain ask for it, for a family visit?!

we have the return ticket... and will have the hotel bookings in hand too.

so if she says to the immigration officer that she is here for family reunion, so would be a letter written by me enough?

still..does she need to prove the financial requirements for that time she booked the flight, the 95 eur per day or 45 eur per day is she stays with me?

The invitation, financial requirements are only required to be satisfied when is travelling solely under the rights of her own under the peruvian visa free category. this is what i meant by a) above. If she is travelling under european law i.e under Directive 2004-38 these requirements are not required, just the marriage cert plus a written statement from you that she is joining you so that you can accompany her together to malta where you have a job contract (i would suggest she has a copy of this contract with her) if there is also an onward ticket to malta from ams that would help too.

May I ask, is she going to come to ams and go directly to malta or stay in netherland or others until july when you both go to malta together or is there something I am missing, i am not very clear of your situation to offer any more insight.

richiesuk · Post by **richiesuk** » Thu Apr 05, 2018 8:40 am

hello,

your help is much appreciated.

She has a ticket to Brussels (return one (so she can board the plane in Lima for 100%) - flight to Amsterdam then train transfer to final destination (it was much cheaper than a direct flight to AMS

, using same airline, same flight), but I will be waiting for her in AMS at the airport, in the terminal if she needs me and she is going to join me there)

She will have the marriage cert.,travel insurance, my job contract for Malta and my support letter (explaining the followings) with her:

we will be driving thru Europe ,we are going to stay 2 nights in Bruges, then 2 nights in Prague then back to Hungary for 10 days approx, then flying or driving to Malta (have not decided it yet), so no tickets booked yet other than the hotel bookings for those 2-2 days.

thanks,

Richard

gokulatti · Post by **gokulatti** » Thu Apr 05, 2018 9:56 am

From what you say, it looks to me you have everything you need, I don't expect to see any hiccups. I wish you good luck.

richiesuk · Post by **richiesuk** » Mon Apr 23, 2018 4:23 pm

hello,

1 more question:

can my wife stay in EU only for 3 months (90 days) under the family reunion law?

everywhere I can see that she has to apply for residency card in 90 days.
..but 90 days of arrival to Europe, or arrival to the destination country?

she will arrive to Amsterdam, then we gonna stay in Hungary for few weeks then we will go to Malta,
and they ask 3 months payslip for financial support, I will only have two by the time.

thanks a lot,

Regards,

Richard

richiesuk · Post by **richiesuk** » Mon Apr 23, 2018 4:50 pm

gokulatti wrote: ↑
Thu Apr 05, 2018 9:56 am
From what you say, it looks to me you have everything you need, I don't expect to see any hiccups. I wish you good luck.

would this be sufficient ?

To Immigration Officer

10th June 2018

Subj: a letter from the EEA national, declaring that his wife is joining him in the EU.

Dear Sir or Madam,

I, Rxxxx Kxxxx
Nationality: Hungarian / British
Passport N#:

hereby certify that Mxxxx Vxxxxx will be joining me as my spouse,

Nationality: Peruvian
Passport N#: .....
Date of Arrival in the Netherlands / EU: 16th June 2018

As the spouse of an European citizen, my wife wish to exercise her right of free movement and residency as stated in the Free Movement Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004.

I am pleased to declare that my wife Mxxx Vxxxxx , is travelling with me in the EU.
So that we are going to live together as husband and wife and we plan to do it permanently in Malta where I have a job contract, starting from 1st July 2018. I undertake to sponsor my wife.

I am an EU citizen and have been living in the UK for 12 yrs and on 1st July I will be moving to Malta.
I will be employed at the company called LXXXX Limited in Malta, as a Senior engineer.

Our Itinerary will be the following:

-16th June - 18th June: Bruges, Belgium (by car)
-18th June - 20th June: Prague , Czech Republic (by car)
-20th June - 1st July: Hungary (by car)
-1st July - Malta (she will apply for permanent residency card there in 3 months time as required)

Documents provided:
Marriage Certificate Apostille’d & translated
Sponsor’s Work contract Proof
Copy of sponsor Passports

Should you need any further information, please do not hesitate to contact me, I am waiting outside in the terminal at the time of the arrival. Mobile nr: xxxxxxxxx

richiesuk · Post by **richiesuk** » Tue Apr 24, 2018 8:49 am

does anybody know the answer to my last 2 questions?

thanks,

much appreciated!

Richard

Caravel88 · Post by **Caravel88** » Tue Apr 24, 2018 9:11 am

Hi Richie.

I can spot one question only and the answer to that is this:

When you and her are in a country together, you get to stay 90 days without registering.
This is your EU right. Unconditional 90 day stay.

If you travel to another country, you get another 90 days there.

If you wish to stay longer however, you will have to register so that your partner can get her 5 year permit.

That being said you should keep in mind that certain countries and places will ask you to register much sooner due to their local laws applying to even their own citizens. For instance in Germany if you moved there with the intention of living, you should register within a week or so. But I'd read here that even after a month people did ok without being fined since they can't prove that you had the intention on day 1 and decided to wait 1 month. Same goes for NL, BE etc. I don't know about Malta.

So as soon as you are in Malta you should register since you are moving there with the intention of living, with a job and everything.

What's the second question?

richiesuk wrote: ↑
Tue Apr 24, 2018 8:49 am
does anybody know the answer to my last 2 questions?

thanks,

much appreciated!

Richard

gokulatti · Post by **gokulatti** » Tue Apr 24, 2018 9:43 am

richiesuk wrote: ↑
Mon Apr 23, 2018 4:23 pm
hello,

1 more question:

can my wife stay in EU only for 3 months (90 days) under the family reunion law? Your wife can stay up to however long you yourself (within the law) can stay in a EU country. This is 3 months when not exercising treaty rights yet and indefinitely when the EU national starts exercises treaty rights.

everywhere I can see that she has to apply for residency card in 90 days.
..but 90 days of arrival to Europe, or arrival to the destination country? 90 days in each country, however looping among the EU states to get 3 months every time and so on, CAN be considered abuse. ( say 3 months in Spain, 3 in Italy and coming back to Spain for 3 another months etc. as a work around from exercising treaty rights)

she will arrive to Amsterdam, then we gonna stay in Hungary for few weeks then we will go to Malta,
and they ask 3 months payslip for financial support, I will only have two by the time. ( doesn't matter what they ask, you only need to prove you are exercising treaty rights and give documents in line with the directive, they will have to accept the application, you can always tell them you can give them the documents at a later stage)

P.S. In the sponsorship letter, I would suggest looking in to,

1. "As the spouse of an European citizen, my wife wish to exercise her right of free movement and residency as stated in the Free Movement Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004." its not the wife who can exercise right of free movement and treaty rights but the EU citizen (You), your wifes' rights are incident on her by virtue of being your spouse.

2."1st July - Malta (she will apply for permanent residency card there in 3 months time as required)
I suggest re writing " - residency against permanent residency

3. please take a copy of your European health Insurance from UK/Hungary for you.

thanks a lot,

Regards,

Richard

richiesuk · Post by **richiesuk** » Tue Apr 24, 2018 10:17 am

gokulatti wrote: ↑
Tue Apr 24, 2018 9:43 am
P.S. In the sponsorship letter, I would suggest looking in to,

1. "As the spouse of an European citizen, my wife wish to exercise her right of free movement and residency as stated in the Free Movement Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004." its not the wife who can exercise right of free movement and treaty rights but the EU citizen (You), your wifes' rights are incident on her by virtue of being your spouse.

2."1st July - Malta (she will apply for permanent residency card there in 3 months time as required)
I suggest re writing " - residency against permanent residency

3. please take a copy of your European health Insurance from UK/Hungary for you.

thanks a lot,

Regards,

Richard

hello,
would this be ok? (sorry I am so rubbish writing up these things

)

1. As an European citizen, I wish to exercise my right of free movement and residency as stated in the Free Movement Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 with my wife.

2. 1st July - Malta (she will apply for residency card there in 3 months time as required)

3. I have the European health insurance card, and she will have her EU insurance for 1 week

thanks a lot

richiesuk · Post by **richiesuk** » Tue Apr 24, 2018 10:19 am

Caravel88 wrote: ↑
Tue Apr 24, 2018 9:11 am

What's the second question?

hello,

thanks for the reply, much clearer now.

2nd question was regarding the support letter
by richiesuk » Mon Apr 23, 2018 5:50 pm

thanks

gokulatti · Post by **gokulatti** » Tue Apr 24, 2018 11:05 am

It all looks in order, good luck! please keep us updated so others can benefit as well.

richiesuk · Post by **richiesuk** » Tue Apr 24, 2018 12:32 pm

gokulatti wrote: ↑
Tue Apr 24, 2018 11:05 am
It all looks in order, good luck! please keep us updated so others can benefit as well.

splended

my last query,

does she need a travel insurance for 90 days minimum ?

Caravel88 · Post by **Caravel88** » Tue Apr 24, 2018 1:34 pm

No she is exempt from travel insurance. She is not a tourist.

europe-immigration-forum/germany-visa-u ... 98244.html

However she might need to get health insurance in order to register (as is the case in DE & NL, for instance but not in the UK and AFAIK Portugal).

BTW - Remember to let us know how things go please

richiesuk wrote: ↑
Tue Apr 24, 2018 12:32 pm

gokulatti wrote: ↑
Tue Apr 24, 2018 11:05 am
It all looks in order, good luck! please keep us updated so others can benefit as well.
splended

my last query,

does she need a travel insurance for 90 days minimum ?

richiesuk · Post by **richiesuk** » Tue Apr 24, 2018 4:40 pm

email from : eResidence at IMA <eresidence.ima@gov.mt>

Good morning,

We hope this email finds you well. Below please find the necessary documents for an EU Residence Employment Card application and the necessary requirements for your NON-EU partner ;

EMPLOYMENT –
- EU Employment Application Form ‘A’
- Form ID1A
- Copy of the Applicant’s Passport / ID Card
- Copy of Work Contract
- Copy of Jobsplus Registration Certificate from the Job Centre

FAMILY MEMBER –
1. Application Form F is needed – signed
2. ID1A form(as per attached)
3. Full copy of passport – visa checked or if renewal check with previous card
4. Lease agreement – indicating the name of applicant, lessor’s ID and date of expiry
5. Health Insurance Key/Hospital Plan – No need if Sponsor pays NI. In this case copy of Payslip / NI
6. Proof of financial means – Last 3 Payslips of sponsor 8. Evidence stating their purpose in Malta (covering letter stating their purpose of stay)
7. If Family reasons, applicant has to bring acquaintance document such as birth certificate, marriage certificate, family member list , etc.
8. Proof of relationship not less than 2 years - like – electricity bills(which proofs that couple has been living together) - any joined ban accounts – flight tickets (which proofs that couple has travelled together) weekend breaks bookings – occasional invitations - photos of different times during relationship.. any correspondence etc etc

More information is also available in the EU section of our website: https://identitymalta.com/citizenships-expatriates/

regards
Customer Care Unit
Expatriate Affairs
Evans Building, TRIQ IL- MERKANTI, VALLETTA, Malta

https://identitymalta.com/wp-content/up ... Form-F.pdf
https://identitymalta.com/wp-content/up ... Form_F.pdf

richiesuk · Post by **richiesuk** » Sun Oct 28, 2018 7:53 am

Hello,

Just an update on our case.

We had some mild issue at AMS airport, the immigration officer had no clue about the law and she was keep saying that my wife need a visa to stay in Malta. She asked for the manager and after 2.5hrs he called me asking if I am waiting for anyone here (lol) and if I am aware that we need to do the resident card in 3 months. I explained that I am aware of that and he let her through.

We drove to Bruges and then to Prague and back yo Hungary. After leaving Hungary to Malta they did not ask anything from her.

In Malta she got a job in 2 weeks and they did not ask for visa or marriage certificate..nothing.

Obtaining resident card after 3 months went smoothly too ,she got it without any questions but they checked the marriage certificate of course.

Can she travel to UK with the resident card?

Thanks

Richard

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Peruvian to join spouse in EU

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