Please can someone asnwer me this? None EU married to EU cit

[tina79]

hi all...

please read the below email that i have received from my Slovak embassy!!! can someone please advise me on the bold highlited answer? Is it only me who is going crazy or they do not kwno what are they talking about!!!!

As we mentioned in previous correspondence to your wife, from January 2012 new legistlation accordance alliance is published and enured. (Law: 404/2011), which states, citizen of EU is everybody who is not citizen of Slovak Republic.
The rule 2004/38/ES should be transponed to Slovakian law, it cannot be considered directly.
According to your decleration, you have never stayed in the UK accompayning your wife during her residence , so as law number 404/2011states, you cannot be considered as family member of EU citizen. = since when is this law applies?!

Visa documents as listed below,

Marrigae Certificate ( it is necessary Slovak Marraige certificate, but Turkish Marraige certificate will be accepted from you as a previous visa holder)
Original Invitation letter including accomodation details written by your wife ( canbe verified at the embassy)
Round trip Flight ticket
Health Insurance
Passport
2 photos
Application form
Passport copy of your wife

Visa application is free of charge.

Regarding to your questions allow me to inform you about follows;
1. To register your marriage certificate in Slovakia, Apostilised Turkish Marriage Certificate should be translated to Slovak Language, ( If translation is made in Turkey it should be verified at the embassy, verification fee is 20-EUR per page), application form for issuing Slovak Marriage Certificate is needed, application fee 25-EUR. You can either apply at the embassy or directly in Slovakia.
The same procedures are valid for birth certificate of the baby.
2. For issuing Slovak Passport for the baby, Slovak Birth certificate is needed. But in this case we can issue the temproray travel document to travel to Slovakia and then in Slovakia you can apply for issuing passport directly. Temprorary Travel document fee is 6,50-EUR.
3. The baby will be Slovak citizen
4. You can apply for residence permit like a husband of Slovakian citizen at the embassy or directly in Slovakia during your stay there at the foreign Police Department. Application fee is free of charge in this thype of application.
Docements are
Valid Travel Document, 2 photos, Slovak Marriage Certificate, Appostillised Turkish Crime Register, Confirmation of Accomodation (Approvel of the owner that he is allowed tostay there + deed title), Financial Covering, ID copy of your wife, municipality statements that your wife is registered at that address. All douments must be translated in Slovak language and not older than 90 days.
5.We have asked for explanation Slovakian Authorities regarding to your special conditions and still waiting for answer. Until we have no other explanation, you are considered as a third country citizen.
As soon as we receive some answer from the Slovak Authorities, we will inform you.

As we have checked your former application form, your permanent address is in Denizli, according to territorial responsibility Denizli belongs to Slovak General Consulate in İstanbul, you can apply in İstanbul for all your requests. = sorry but Ankare from us is only 6hrs away. Istabul is 12hrs away...does it matter which embassy we are going to ?

in 2011 we did go to Ankara, and that time the consul who was there never told us we shoudl go to to Istanbul. Also, he did not ask to translate the marriage certificate as it has been apposolized and he accepted it. He said this is acceptalbe for EU coutnries....now it all matters?!

thanks guys.

[Jambo]

I suspected they will use this argument (see here).

Basically they are saying you can't use the EU rules and need to apply according to the Slovak immigration rules for spouse of a Slovak citizen (whatever they are).

[moroni]

Slovak law asks for the former EEA residence card of the non-EU citizen in order to apply for a Slovak residence card or Visa under Singh.

Since your husband doesn't have a british EEA residence card, he doesn't fall into the category of "EEA Family Member" under Slovak law, but as "non EU spouse of Slovak citizen".

[tina79]

thanks for your reply guys. i do understand what you are saying, however last year there was a different consul and he without any hesitation gave my husband (1hr watiting time) the schengen visa for 7 month without any fuss.

He even told us, that he is an EU family member as he is married to an EU citizen....my problem is, that the new staff here in Turkey keeps sayin, as i have came here to give birth and at the moment i live here with my husband 8month he has lost his EU family member treaty rights....now, i did not changed my nationality, im not Turkish, i have my slovak ID and passport, my perm res is in Slovakia....funny but the Czech embassy told us that my husband need only our marriege certificate, my ID, 2 photo and he will get the Schengen visa as family member....so how does it work?

[moroni]

the Czech embassy told us that my husband need only our marriege certificate, my ID, 2 photo and he will get the Schengen visa as family member....so how does it work?

Because, as others have told you in other threads, your EU rights only work in a different country of your citizenship.
In Slovakia you fall under the category of "Slovak citizen" and they can have their own requirements for you husband's visa, but in any other EU country your and your husband enjoy different rights as EU citizen and Family member of a EU citizen.
Czech Republic may also have different requirements for Czech citizens and EU citizens, the same in Germany, Austria, France, etc.

What the other consul told you the last time doesn't work now, maybe he was being nice or didn't know exactly the laws. Slovakia have a whole different and more strict laws to Slovaks citizens' spouses than to EU citizens' spouses (my wife is Slovak, we actually live in Prague after the harsh of the Slovak immigration laws)

[tina79]

Moroni

i do understand what you say, but the fact is that i used to work in UK over 10 years and only 8 month ago came over. im now pregnant and i will give birth here. after this we will go to my parents but not stay in Slovakia...we are thinking to go to Prague or Vienna. I know Slovak law and immigration offices are terrrible. Before i left SVK i worked in Parlament....and pls dont let me tell you more...i think you understand....

anyway, we will go through the Czech embassy for Schengven visa and when we will be in SVK we will try to get his 5 year residence permit..but i dont blame you and your wife leaving SVK and goint to Prague. There are many Turkish and Czech Republic has much better relations with Turkey then Slovakia.

When my husband got the Schengen i was working and living in UK....anyway i will not argue with them for now, more important is our baby.

thanks for your reply.