Status of Serbian in EU

[chat2irene]

Hello!
My name is Irene, Dutch living in Greece.
I met here my 'future husband' who is from Serbia.
I'm trying to find out what his status will be once we will be married and NOT living in the Netherlands.

Now it is very difficult to find him a job in an EU country other than Greece (cause here he has his living and working permit which he has to renew every 2 years) and someone told me that once he has the status of married with an EU citizen, this changes. But... is that true.

I'm not expecting to get case-specific answers, I'm hoping to find WHERE I can find these answers!

Thanks very much.

Greetings,
Irene

[86ti]

http://eur-lex.europa.eu/LexUriServ/Lex ... 038:EN:NOT

[Ben]

Hi chat2irene,

To put it simply, after your marriage, your husband is entitled to accompany you in any country in the EU. He is able to work, study or open a business there. Have a look at the link that 86ti linked to in his post above (EU Directive 2004/38/EC).

Holland is the exemption, as this is your country of citizenship (I'm assuming that you are not also a citizen of another Member State?). Your marriage to him does not entitle him to reside with you in Holland (well, not in accordance with EU law anyway - you'd have to check Dutch national law). This is unless you are moving together from another EU country back to Holland, in which case you would be able to use EU law.

Sorry if I've not explained it very well - it's too early in the morning!

[86ti]

This is unless you are moving together from another EU country back to Holland, in which case you would be able to use EU law.

Do you want to say that the requirement is to move directly from another EU country back to one's country of origin? Couldn't you have exercised your treaty rights in the past (with a break inbetween) and then return on these grounds (e.g. Greece -> US -> Netherlands)?

[chat2irene]

86ti and benifa thanks. I'm going to read through it!

i know more or less the law of immigration of a foreigner as spouse of a Dutch to Holland (and yes I am a Dutch citizen)... but now we also live (and work) in a EU country. No one in Greece could give us any clear answer about this matter; what are the rights in Greece of a Serb married to a Dutch!

I'll start reading now.....!

[86ti]

No one in Greece could give us any clear answer about this matter; what are the rights in Greece of a Serb married to a Dutch!

The greek implementation of the Directive is mentioned here http://eumovement.wordpress.com/info-greece/.

Keep in mind that you can return to the Netherlands under EU law (Surinder Singh case) as benifa already pointed out.

[JAJ]

Can he become a Greek citizen?

[chat2irene]

i know a couple being Serbian and Greek, living in Greece and he took the Greek nationality, so that is possible. The only absurd thing here is that they make you (as male) fulfill your army duties!
I read in one of the files that one can apply (after 5 years being legal in an EU country) for a permanent resident visa... unfortunately i haven't met any foreigner with that kind of Visa... is it possible that the Greek authorities sort of boycot that?!
Anyway, I still don't see the two of us going to the airport to fly to (lets say) Spain for holidays without his visa and with our marriage certificate....

[Ben]

I read in one of the files that one can apply (after 5 years being legal in an EU country) for a permanent resident visa... unfortunately i haven't met any foreigner with that kind of Visa... is it possible that the Greek authorities sort of boycot that?!

Once you are married, your husband becomes a family member referred to in Article 2(2) of Directive 2004/38/EC. So long as you are exercising an EU Treaty right in Greece for 5 years after his acquisition of this status, your husband-to-be will automatically acquire "permanent resident" status in Greece (it does not have to be applied for). However, it may (will) help your husband to, when the time comes, apply to the Greek authorities for a document (card) confirming his permanent residence.

Anyway, I still don't see the two of us going to the airport to fly to (lets say) Spain for holidays without his visa and with our marriage certificate....

A subject of much debate on this board. According to Directive 2004/38/EC, your passport, his passport and his Greek Residence Card (the one that he will get after your marriage), is all that is required. In practise, however, your husband may save headache (at the least), by obtaining a Schengen visa for Spain.

Hang on - Greece and Spain are both in the Schengen zone - doesn't this mean that you won't pass through immigration controls in any case?

[86ti]

i know a couple being Serbian and Greek, living in Greece and he took the Greek nationality, so that is possible. The only absurd thing here is that they make you (as male) fulfill your army duties!

But neither of you is Greek. Though it may still be possible, the rules may be different.