Czech RC for non-EU family member

moroni wrote:Today two plain-clothes polices came to our flat, I guess to check that we live together, they asked me my passport, and talked with my wife by phone since she was at work. They asked her where she works, how much we pay for the flat, and if we know the neighbors.

moroni wrote:So far, it looks like a routine check.
My wife just remembered that when she went to pick up her Certificate of Residence she asked about mine and the woman said that police will come to our flat and we will be called to an interview after it.
The police just said they were coming to "check the flat"

If it is a routine check that they do for all or most EU citizens, and for all or most of their family members, then it is illegal.

Do me a favour. When you are called in for your interview, ask them if they have everyone in for an interview, or whether there was something special about your case that caused the interview.

Our experience in Belgium was similar.

I already described it in the forum somewhere, but can´t find the post.

They checked upon registration, but this was once-off (they check this for all people registering, justification is that they had ppl registering their presence without ever being there. NB up to 100 ppl in a 2-room flat, using only the letter-box. Sure this can´t be right and must be stopped, I agree...).

Just before naturalisation of my wife they stepped up the frequency of visits quite drastically. But since this was for naturalisation it´s under national law anyway. We had no problems, everyone was friendly.

Directive/2004/38/EC wrote:

moroni wrote:Today two plain-clothes polices came to our flat, I guess to check that we live together, they asked me my passport, and talked with my wife by phone since she was at work. They asked her where she works, how much we pay for the flat, and if we know the neighbors.

moroni wrote:So far, it looks like a routine check.
My wife just remembered that when she went to pick up her Certificate of Residence she asked about mine and the woman said that police will come to our flat and we will be called to an interview after it.
The police just said they were coming to "check the flat"

If it is a routine check that they do for all or most EU citizens, and for all or most of their family members, then it is illegal.

Do me a favour. When you are called in for your interview, ask them if they have everyone in for an interview, or whether there was something special about your case that caused the interview.

I sent an e-mail asking about it to the contact line of the MOI and this is the answer

Dear Sir,
the visit of Foreign Police is standard if you apply for temporary
residence permit for family member of EU citizen.
With regards

Odbor azylove a migracni politiky MV CR
www.mvcr.cz/cizinci / Department of Asylum and Migration Policy,
Ministry of Interior of the Czech Republic

They didn't answer my second question, which was if there are another steps I'll have to go through before receiving the so-called "permit".
Anyway, I have to go to their office because the 60-days sticker they gave me is about to finish.

Clearly they do not understand the EU law. Calling residence card a "permit" speaks for itself.

moroni wrote:
I sent an e-mail asking about it to the contact line of the MOI and this is the answer

Dear Sir,
the visit of Foreign Police is standard if you apply for temporary
residence permit for family member of EU citizen.
With regards

It should not be routine. You are entitled to complain.

EUsmileWEallsmile wrote:

moroni wrote:
I sent an e-mail asking about it to the contact line of the MOI and this is the answer

Dear Sir,
the visit of Foreign Police is standard if you apply for temporary
residence permit for family member of EU citizen.
With regards

It should not be routine. You are entitled to complain.

The relevant article of the directive is found under article 14...

In specific cases where there is a reasonable doubt as to whether a Union citizen or his/her family members satisfies the conditions set out in Articles 7, 12 and 13, Member States may verify if these conditions are fulfilled. This verification shall not be carried out systematically.

I've finally got the so-called Residence Card.
They called my wife to say that I'd go to pick it up, and in the MOI office they just took a copy of my EHIC and asked me to sign some forms.
She confirmed us as well that the police visit is routine for all third-country national applicants.
Also, we had to give them a copy of our lease agreement to confirm our accommodation (and so far I haven't read anything about the EC's threat), and since our agreement is for one year, she said we must go there again with the new lease agreement before the actual one expires.

moroni wrote:I've finally got the so-called Residence Card.
They called my wife to say that I'd go to pick it up, and in the MOI office they just took a copy of my EHIC and asked me to sign some forms.
She confirmed us as well that the police visit is routine for all third-country national applicants.
Also, we had to give them a copy of our lease agreement to confirm our accommodation (and so far I haven't read anything about the EC's threat), and since our agreement is for one year, she said we must go there again with the new lease agreement before the actual one expires.

Did you show them the lease?

I would 100% refuse to show them the new lease. I would send them a letter right now telling them that you politely refuse to show them the new lease. I am happy to help you with it. You can explain politely that if they insist, that you will have to involve the European Commission.

Directive/2004/38/EC wrote:

moroni wrote:I've finally got the so-called Residence Card.
They called my wife to say that I'd go to pick it up, and in the MOI office they just took a copy of my EHIC and asked me to sign some forms.
She confirmed us as well that the police visit is routine for all third-country national applicants.
Also, we had to give them a copy of our lease agreement to confirm our accommodation (and so far I haven't read anything about the EC's threat), and since our agreement is for one year, she said we must go there again with the new lease agreement before the actual one expires.

Did you show them the lease?

I would 100% refuse to show them the new lease. I would send them a letter right now telling them that you politely refuse to show them the new lease. I am happy to help you with it. You can explain politely that if they insist, that you will have to involve the European Commission.

They saved a copy.
As I understand it, Czech and Slovak Systems have a registry of everybody including the "permanent address of residence". I don't know how it works in other countries, but it's quite weird to me. The address is wrote in the RC, and for example if we move to a new flat, we must go to the MOI again to update them about our new address and they will write it down in the RC (that's why they ask for confirmation of accommodation to EU Citizens too, to write it in the RC or Certificate of Residence).
I'd like to make a claim about the issues of the whole process, but I don't know what should be the first step.
And maybe we will return to Slovakia before the lease agreement finish (does the Singh case apply?).
Thank you all so much for your help all this time.

Once the EU citizen has been working for a couple of months, then Singh kicks in on any return to the home member state.

If everyone has to register their address, then fine. But does everyone have to take in their lease? Don't think so! Does the police visit everyone? Don't think so!

Directive/2004/38/EC wrote:Once the EU citizen has been working for a couple of months, then Singh kicks in on any return to the home member state.

If everyone has to register their address, then fine. But does everyone have to take in their lease? Don't think so! Does the police visit everyone? Don't think so!

The proof of accommodation is in the list of requirements for the application, and that's why the EC threatened legal action against Czech Republic.

And both in the contact e-mail and the woman in the MOI office said that the police visit is routine when the applicant is non-EU citizen.

Link to said threat of legal action:

http://europa.eu/rapid/pressReleasesAct ... anguage=en