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EEA spouse rights

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bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

EEA spouse rights

Post by bunny80 » Sat Dec 11, 2010 5:35 pm

I'm a romanian citizen living in the UK with my american wife ( she got her UK residence card this year as spouse of a self-sufficient EEA citizen ). If we move to Austria would we have to go through the same process all over again? Is it exactly the same as in the UK with the only difference being it has to be done within 3 months since american visitors don't get 6 months like in the UK ?

Thanks!!

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Sat Dec 11, 2010 6:36 pm

Are you planning to be there self-sufficient too? You probably know that there are still restrictions in place for workers. Essentially the process would be the same though you would have four months time. The problem with self-sufficiency will most likely be that the authorities will ask you to present proof that you have sufficient means for the whole period of your stay...

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Sat Dec 11, 2010 8:20 pm

86ti wrote:Are you planning to be there self-sufficient too? You probably know that there are still restrictions in place for workers. Essentially the process would be the same though you would have four months time. The problem with self-sufficiency will most likely be that the authorities will ask you to present proof that you have sufficient means for the whole period of your stay...

yes it would be self-sufficiency again. i play poker for a living and it took an appeal, lots of wasted time and solicitor+barrister fees to convince the authorities here in the UK that i wasn't a gambling degenerate... so most likely i would just transfer a lump sum from my Uk bank account to my austrian one and just show it as savings so i won't have to go through the whole poker saga again.

86ti
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Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Sat Dec 11, 2010 8:30 pm

For a couple their calculation would be something like 700 Euro x 12 months x 5 years. Of course, you would also need comprehensive sickness insurance just like here in the UK.

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Sat Dec 11, 2010 8:36 pm

86ti wrote:For a couple their calculation would be something like 700 Euro x 12 months x 5 years. Of course, you would also need comprehensive sickness insurance just like here in the UK.
are you sure it would be that much? we had about 17.5k £ to show in the UK and here it's much more expensive than in Austria (one of our solicitors who was a part time immigration judge also said that would be enough and the min would be 12k or so) . i also remember asking the dutch authorities and they said 20k euros would be plenty in their country.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Sat Dec 11, 2010 8:58 pm

From an Austrian forum: they could obviously even get nasty and also include rent, etc. (Note that the thread deals with a single person and the quoted number is between 40k and 50k...)

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Sun Dec 12, 2010 5:26 pm

86ti wrote:From an Austrian forum: they could obviously even get nasty and also include rent, etc. (Note that the thread deals with a single person and the quoted number is between 40k and 50k...)

:(

so after 3 months in Austria would she have to leave Schengen or could we just move to another Schengen country if we don't have 50k or more saved by then? is she still just a tourist in their eyes? someone on this forum told me that she'd have my EEA rights and i know that i am allowed 3 months in any country without exercising any treaty rights.

86ti
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Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Mon Dec 13, 2010 11:10 am

bunny80 wrote:someone on this forum told me that she'd have my EEA rights and i know that i am allowed 3 months in any country without exercising any treaty rights.
Theoretically that may work. You certainly would have to make sure to be able to document your current period of stay as thoroughly as possible.

bunny80
Junior Member
Posts: 69
Joined: Mon Aug 06, 2007 1:28 pm

Post by bunny80 » Mon Dec 13, 2010 11:32 pm

86ti wrote:
bunny80 wrote:someone on this forum told me that she'd have my EEA rights and i know that i am allowed 3 months in any country without exercising any treaty rights.
Theoretically that may work. You certainly would have to make sure to be able to document your current period of stay as thoroughly as possible.
thank you for all the replies, you're great! :D

so if we travelled around europe and kept the receipts/contracts from the places we rent would that be ok? by ''theoretically'' do you mean it's fine according to the law but some authorities aren't good at its interpretation or can be moody about it?

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Tue Dec 14, 2010 8:32 am

bunny80 wrote:by ''theoretically'' do you mean it's fine according to the law but some authorities aren't good at its interpretation or can be moody about it?
Yes. You should always keep in mind that the interpretation of EU law may have some "peculiar twists" in a particular country, i.e. interpreted to your disadvantage. Deriving income from gambling may be a problem in some countries, I don't know, and your experience here in the UK may not have been the worst one. You know that nationals of the A2 countries still have restrictions regarding taking up work. Who knows if not some member state would want to see you as a "worker". And not to offend, but you may simply face opposition because you are from an A2 country. Finally, moving frequently between countries may also be seen as a form of tax evasion.

That's, of course, a lot of speculation and possibly totally unfounded but maybe something to think about.
bunny80 wrote:so if we travelled around europe and kept the receipts/contracts from the places we rent would that be ok?
My point here was merely to make at least sure that you have proof that formally documents that you are within your rights. Whether your plan would work out long term or not I can't tell. In any case, make sure you understand EU law and if possible also the national implementations. Also, try to find internet discussion boards to get more insight. The Austrian one above may be a good start.

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