Nigerian married to Bulgarian residing in Greece- pls help

[Rainbow234]

Hi everyone! I am a Bulgarian citizen and my nusband is from Nigeria. He is currently living in Greece but does not have a valid residence permit (has just applied for renewal of his old permit but doesn’t know when it will be out). I am planning to go to Greece to find a job or enrol at university in order to get a residence permit, after which my husband can apply for a EU family card. However, on asking for information at the Greek institutions, he was told that he needs to present a residence permit first before he can get this EU family card. I believe this contradicts with the Free Movement Directive/ 2004/ 38/ EC but how can I convince the Greek offcials of this- perhaps by printing the text of the Directive and also the presidential decree published in the Government Gazette in Greece on 21st June 2007 which implements the Directive? Pls help me with ideas on how to proceed.Thank you very much in advance for your reply and advice.

[86ti]

You may not find that directly in the Directive but since the Metock case (and possibly others) it is clear that legal residence is not a requirement. The real question is how the Greek have followed up on those developments.

[Rainbow234]

Thanks for the reply. I have heard of the Mettocks case but don't know how to use it- the only option I can think of is to contact a local lawyer who is well familiar with all these precedents and the EU law. Any other suggestions?

[Directive/2004/38/EC]

Where are you presently? Do you want to stay for a long time in Greece or move quickly to another EU member state?

Do Bulgarians face any restrictions on working in Greece presently?

I suspect you will find it easier on the ground than what he is presently reporting. When you plonk down your two passports and marriage certificate, that tends (usually) to focus people on the fact that you are European.

This EU service may be helpful for getting more information now: http://ec.europa.eu/citizensrights/
And if you have problems once on the ground, you should contact Solvit: http://eumovement.wordpress.com/help-eu-solvit/

[Rainbow234]

Thanks a lot for your reply, will surely use the SOLVIT option if necessary or the Greek ombudsman.

[Directive/2004/38/EC]

You should at least think through my questions.

If you are in the UK and working, then he can come directly to the UK very easily.