Exercising treaty rights and Non-Eu family mem right to work

[enduringdifficulties]

Hi Everyone,

My question is in regards to the process under directive 2004/38/EC to anyone who's had a first-hand experience in the process of registering residence in an EU country with the non-EU family member applying for the 5-year residence card as a family member of the EU national.

Point 28 talks about the guarding against abuse of rights, please see below:

(28) To guard against abuse of rights or fraud, notably marriages of convenience or any other form
of relationships contracted for the sole purpose of enjoying the right of free movement and
residence, Member States should have the possibility to adopt the necessary measures.

Which brings me to the question, what does the process look like and how are facts regarding the marriage determined ? Public administrations having a max of 6 months to process an application, do they check if the married couple's living together, having a common household and so on ? What checks are done etc. ? Does any interview take place ?

Not seeing instructions in the directive in regards to the process leaves me to think that the process is left up to the discretion of member states to choose how to process an application of a non-EU family member, please correct me if I'm wrong.

When it comes to using the Surinder Singh route ( I'm considering doing that in Poland as Donutz had advised considering the segregation I'm being subjected to on the basis of Polish national laws), after the Eu citizen returns to the EU member state of origin, Poland in this case, would my wife have to prove that she's become exercising her treaty rights in Poland by working or being self-sufficient ?

I read on the following website about a new court case which reset the same principles given during Surinder Singh case without mentioning the case itself, outlining the key points for one to be considered to have become an EU citizen in their country of origin, however, I'm not sure about the conditions after the return. Please refer to this http://www.freemovement.org.uk/surinder ... ion-route/

Right to work, will have I have the right to work from the moment my wife submits an application to register her residence in Poland, if she has to do that in the first place ?

In Sweden for example, as of May 2014, Eu citizens no longer need to register their right of residence in Sweden which confuses me about when the spouse of that EU citizen can start working, whether it's from the moment of entering Sweden or registering for residence and receive the certificate of registration.

[enduringdifficulties]

Have any of you guys used the Europe-route/surinder singh route to get their partner into their own country ?

Can you please share your experience in applying for a card as a non-Eu family member, what the process looked like, if any interviews took place ? I understand that a non-EU family member has the right to work right away once their EU partner has submitted an application to register, please confirm.

Thanks everyone!

[Your Europe]

Hello,
the process is:
- The EU family member registers and obtains a registration certificate;
- within three months after arrival in Poland, the non-EU spouse goes to the Foreign Nationals department of their provincial authority (Urząd Wojewódzki, Wydział Spraw Obywatelskich i Migracji);
- the spouse has to bring a valid travel document, copy of the EU partner's registration certificate, a document confirming the marriage and five photographs;
- he/she then obtains a residence card, with which they can work.
More information is to be found here: http://europa.eu/youreurope/citizens/re ... dex_en.htm.
EU member states may indeed carry out the kind of measures (interviews, checks on a common household, etc.), that you are mentioning.
Good luck!