Non-EU spouse of British citizen living in Greece

[kkitty]

I would really appreciate any advice that can be given.
I am a NZ passport holder married to a UK citizen. I lived in London for 27 years having been married in 1982 to a British citizen. He died in 2003. I married my second husband in 2008 and have Right of Abode certificates in all my previous passports. We decided to move to Greece in 2008. The Greek embassy in London informed me that non-EU spouses of EU citizens could live and work in Greece. When we arrived in Greece we went to our local tax office to apply for our residents' cards and get Greek tax numbers. My husband received a Valid for Life Resident's Card (apparently quite unusual) and I was told to return to London as I could not apply in Greece. We were newly married and did not wish to be apart and as I am not working we thought it would be ok. Naive perhaps. I now need to renew my NZ passport and would like to travel to the UK very soon. Can anyone advise if Directive 2004/38/EC applies to us? It seems to but I am unsure. If it does apply to us can I travel within the EU with my marriage certificate as proof? Or do we have to travel together? Thanking you all in advance.

[Directive/2004/38/EC]

What is your husband's citizenship?

Where did you marry?

What is he doing presently in Greece?

I assume you are living in Greece and want to visit the UK, and are wondering if the British government will let you in? Or is the question about something different?

[kkitty]

My husband is English.
We married in London.
My husband has a small private income so we just live here.
I am not so worried about the British Immigration service letting me in as I am about being detained by Greek Immigration.
New Zealand passport holders are generally only allowed to stay in many European countries, including Greece, for 90 days.
Which is why I was asking if Directive 2004/38/EC applies to us. thank you in advance

[Directive/2004/38/EC]

You will not be detained by the Greeks. As long as your husband is legally in Greece then you have exactly as much right to be there too. You can work or study if you wish in Greece. You have an almost absolute right to stay, as long as you are not a serious and ongoing criminal or a personal and ongoing threat to the state.

Has your husband ever worked in Greece since you left the UK?

[kkitty]

No, he is a photographer and so when he works he works in the UK. Thank you so much for your help and advice.
I am neither a serious and ongoing criminal or a personal and ongoing threat to the state. I would like to apply for a residency permit in Greece but on the island where we live I have been told I cannot do so by the State Tax Authority - any ideas, Guru?

[Directive/2004/38/EC]

No, he is a photographer and so when he works he works in the UK. Thank you so much for your help and advice.
I am neither a serious and ongoing criminal or a personal and ongoing threat to the state. I would like to apply for a residency permit in Greece but on the island where we live I have been told I cannot do so by the State Tax Authority - any ideas, Guru?

You need to apply for a Residence Card for a family member of an EU citizen. Contact Solvit if they refuse to let you apply: http://eumovement.wordpress.com/help-eu-solvit/

Since he has a lifetime residence card, you should just need to submit your passport, and his passport with the residence stamp in it.

They can only refuse to issue it for three reasons:
Serious and ongoing public policy with you as a specific individual
ditto for Public security
ditto for Public health

What exactly did you apply for at the state tax authority?

Let us know if you have any problems.

Note it is almost legally impossible for them to refuse you entry to Greece if you are travelling together or he is already in Greece. Carry a photocopy of his passport and your marriage certificate. (order a couple of duplicates!) See http://eumovement.wordpress.com/2010/08 ... to-travel/

[kkitty]

When you arrive in Greece you are advised to immediately go to the local tax office in order to get a tax number. You then with this number go to your nearest police station and fill in the form. Some days to weeks later a residency card turns up. Usually these start at 6 months, then you re-apply, get a year, then 5 years and then if you've lasted that long they may or may not give you a life time card. My husband got life time card immediately. The tax office on the island we live on would not even entertain looking at our marriage certificate and I fear that I have been mis-informed from the day we arrived on this subject. I am so grateful for your advice and your links- All of which I will print off and carry with me when I travel again.
Where or to whom do I apply for a Residence Card for a family member of an EU citizen?

[Directive/2004/38/EC]

At the very least look through http://eumovement.wordpress.com/eu-coun ... fo-greece/

Google is your friend. Check with your local police. A border guard might also know.

[EUsmileWEallsmile]

Can anyone advise if Directive 2004/38/EC applies to us?

Yes it does. Since you are not a visa national (ie don't need a visa to visit Europe), you are not likely to encounter problems.

After three months' residence, an EU country may insist that you apply for a residence card. If you fail to do so, you could receive a (small) fine. You would not be deported.