immediate rights for non-eea spouse?

[bunny80]

i am a romanian citizen and my fiancee is american (on a 90 days schengen visa). as denmark seems to offer the easiest way for a bi-national couple to get married we want to get married there. what i am trying to find out is what rights will she have RIGHT AFTER the marriage is official in DK? what will happen to her 90 days visa that will be days away from expiring at the time of the marriage? can she stay in the schengen area once she is my wife? do we need to do anything about it? i've been told we need to register our marriage in romania which seems to be doable through any romanian embassy/consulate but i'm not sure if it's enough....

cheers!!!

[Richard66]

She will need to apply for a residence card somewhere, as confirmation of her right to be in the EEA after she has been here for 90 days. if you live in Romania, it will be in Romania, but you very probably will need to have the marriage certificate validated somehow. The Romanian authorities should be able to tell you how.

Wherever you go, you will need to prove the family relationship somehow.

To be precise, she cannot be on a Schengen visa as Americans are not issued with visas for short- stay visits, either Schengen, UK or Irish.

[Ben]

Hi bunny80,

After you have got married in Denmark, in which country do you both intend to live?

Also, once in that country, do you and/or your spouse intend to work, study, open a business, or be self-sufficient?

[bunny80]

Hi bunny80,

After you have got married in Denmark, in which country do you both intend to live?

Also, once in that country, do you and/or your spouse intend to work, study, open a business, or be self-sufficient?

hi, we want to live in the UK and we would like to move there as soon as we can after the marriage. i've been reading several sites and it seems i can register the marriage at any romanian embassy or consulate (we would probably do it in denmark). i think we also need an apostille from the danish ministry of foreign affairs.

we don't intend to work, i play online poker for a living and the UK has the best laws in the EU for my ''job''. as poker isn't seen as a trade we will both be self-sufficient(easy to prove with regular bank transfers from my poker sites) and we'll also have private health insurance as required. i guess i am a resident of romania since my national ID has my address from there on it. i was in the uk for over 7 months this year but i didn't get any kind of resident permit there since it wasn't required by law. i've also lived in austria this year but not enough to have to register locally.

would it take long to get a resident permit or a document that allows her to stay with me? we could apply right after the wedding in denmark since her 90 days visa would be 2-3 days from expiring. would she still have to leave at the end of the 90 days even if we are married but we didn't have enough time left for her papers ?

PS: my question was mainly about her schengen rights since the wedding takes place there and i thought the UK papers would take longer to obtain.

[bunny80]

i've looked through the border agency site and couldn't find a better explanation.

[charles4u]

"BUNNY80"

I am married to a Romanian here in Romania and so far its was the easiest I must say, well I dont know about other Schengen countries but from what I have heard its so so complicated.

In Romania, they dont ask questions when you wanna get married, They just fix u up for the date you want after submitting some papers. After you get your wedding certificate which takes 2 weeks in total (date you submitted all the papers for wedding and the date you got married), When you put the papers for wedding, its just 2 weeks ahead for one to get a wedding registry and the wedding certificate will be given that same day of wedding which is 2 weeks the most.

So after this you can even go to the immigration office a week after to make the application for RESIDENCE CARD AS A FAMILY MEMBER OF A ROMANIAN, This is what takes time to get but it is still the fastest and simpliest process in the whole EU country. It takes about 2 months to get but he will surely get it, as they will be glad an American wants to stay in Romania in this economic crisis ...LOL

[sakura]

Wouldn't you need a work permit to move to the UK, as a Romanian citizen? And there must be something about paying taxes....

[John]

Wouldn't you need a work permit to move to the UK, as a Romanian citizen?

No, but it is more complicated than that. Firstly a Romanian (or Bulgarian) citizen can enter the UK using their EU rights. That is, they do not need permission to enter. However, having got here they cannot be employed without a Work Permit. But they can exercise other EU Treaty Rights in the UK .... self-employed, student, self-sufficient person .... without needing to get any sort of immigration permission.

Of course if they are here, and for example self-employed, yes of course they would need to pay tax and national insurance contributions.

[bunny80]

Wouldn't you need a work permit to move to the UK, as a Romanian citizen?

No, but it is more complicated than that. Firstly a Romanian (or Bulgarian) citizen can enter the UK using their EU rights. That is, they do not need permission to enter. However, having got here they cannot be employed without a Work Permit. But they can exercise other EU Treaty Rights in the UK .... self-employed, student, self-sufficient person .... without needing to get any sort of immigration permission.

Of course if they are here, and for example self-employed, yes of course they would need to pay tax and national insurance contributions.

i would be there as self-sufficient (i play online poker for a living but since it is not considered a trade i can't be self-employed).

[Ben]

i would be there as self-sufficient (i play online poker for a living but since it is not considered a trade i can't be self-employed).

I'm not qualified to advise properly on this, but I would guess that any regular income above a certain level is liable to taxation and National Insurance deductions. Please correct me if I'm wrong, but I would recommend that you research this in detail.

Additionally, one can be self-employed without necessarily practising a trade.

[bunny80]

i would be there as self-sufficient (i play online poker for a living but since it is not considered a trade i can't be self-employed).

I'm not qualified to advise properly on this, but I would guess that any regular income above a certain level is liable to taxation and National Insurance deductions. Please correct me if I'm wrong, but I would recommend that you research this in detail.

Additionally, one can be self-employed without necessarily practising a trade.

there is no tax on gambling no matter how much you make :

http://www.hmrc.gov.uk/manuals/bimmanual/BIM22017.htm

ireland is also tax-free

we were thinking about going to ireland for a few months and getting married there since denmark would take longer than the time we have left. so could you please tell us if a US citizen would be questioned when entering the country or they would get 90 days automatically (she wasn't asked a single question after landing in Austria)? and also do you have any idea if we could get married in ireland within the 3 months? i've done quite a bit of research but i'm still not sure i understand. thanks.

[Wanderer]

i would be there as self-sufficient (i play online poker for a living but since it is not considered a trade i can't be self-employed).

I'm not qualified to advise properly on this, but I would guess that any regular income above a certain level is liable to taxation and National Insurance deductions. Please correct me if I'm wrong, but I would recommend that you research this in detail.

Additionally, one can be self-employed without necessarily practising a trade.

Gambling income is tax free I'm afraid, unfair I know but UK has made it so....

But, knowing the UK tax people at quite a close personal and professional level, I'd never sit happily with it, they'll find a way..

[John]

Actually Wanderer in this case, no they will not find a way!

A Court Case as long ago as 1925 decided that a professional gambler was not taxable on their gambling profits, as admitted on this HMRC webpage.

[sakura]

So, as a self-sufficient person, that means you need private medical insurance, and, therefore, cannot use the NHS at all (except emergencies)?

[John]

So, as a self-sufficient person, that means you need private medical insurance, and, therefore, cannot use the NHS at all (except emergencies)?

Are you sure? I did a search on the UKBA website and failed miserably to find anything helpful about "comprehensive sickness insurance". However, and I have to say, strangely, the HMRC website states :-

Comprehensive sickness cover includes the National Heath Service (NHS) cover.

-: on this webpage.

[sakura]

So, as a self-sufficient person, that means you need private medical insurance, and, therefore, cannot use the NHS at all (except emergencies)?

Are you sure? I did a search on the UKBA website and failed miserably to find anything helpful about "comprehensive sickness insurance". However, and I have to say, strangely, the HMRC website states :-

Comprehensive sickness cover includes the National Heath Service (NHS) cover.

-: on this webpage.

I wasn't sure at all; I was actually asking to see if I understood things correctly.

I would, however, find it strange that (in the context of the EU law), 'self-sufficient' persons are able to use the NHS.

The above link, to me, does not indicate that the NHS can be used as 'sickness insurance'. Could it possibly mean that comprehensive sickness insurance would provide you with access to (some) NHS services, but not necessarily that you are entitled to use it free of charge, i.e. NHS dentists, but you still foot the bill....?

Isn't that how it works in France, with economically inactive residents?

[Richard66]

In Italy it works this way: if you choose to, you enrol for the local health insurance and pay out of your own pocket and at that point you are allowed to use medical services free of change, well, not really, as you have paid for them already...

Maybe this is what they mean?