SSR via austria,

[goran.r58]

Hi
I am British citizen and my wife non EU, we are in Poland now as she has tourist visa only to Poland for one month. I am thinking doing the SSR in Austria, does she have any problem if she apply for resident card there when she doesn’t have visa to enter Austria? Presume, I have job and address there.
Thanks for your help in advance

[noajthan]

Hi
I am British citizen and my wife non EU, we are in Poland now as she has tourist visa only to Poland for one month. I am thinking doing the SSR in Austria, does she have any problem if she apply for resident card there when she doesn’t have visa to enter Austria? Presume, I have job and address there.
Thanks for your help in advance

What do you mean by SSR?
- social services registration or Surinder Singh route or ??

Where do you reside? Poland or Austria?
If it is Poland what is the connection to Austria?

What do you mean "presume..there" - do you or don't you reside & have job? (where?)

[goran.r58]

Hi
I am British citizen and my wife non EU, we are in Poland now as she has tourist visa only to Poland for one month. I am thinking doing the SSR in Austria, does she have any problem if she apply for resident card there when she doesn’t have visa to enter Austria? Presume, I have job and address there.
Thanks for your help in advance

What do you mean by SSR?
- social services registration or Surinder Singh route or ??

Where do you reside? Poland or Austria?
If it is Poland what is the connection to Austria?

What do you mean "presume..there" - do you or don't you reside & have job? (where?)

I mean Surinder singh route.
I reside in Poland but plan to move to Austria nest week with my wife (but my wife doesn't have visa to Austria ).
I have a place to move in and job to start when I move to Austria.
so my question is, do I have any problem under the directive to apply for resident card for my wife in Austria?

[noajthan]

I mean Surinder singh route.
I reside in Poland but plan to move to Austria nest week with my wife (but my wife doesn't have visa to Austria ).
I have a place to move in and job to start when I move to Austria.
so my question is, do I have any problem under the directive to apply for resident card for my wife in Austria?

Rozh-bash.
Makes more sense now.

Should be no problem, the Directive is your friend here.

Does your wife have any valid Schengen visa?

Anyway, even if not, it should be possible with a little patience and preparation.
See:
https://eumovement.wordpress.com/2010/0 ... to-travel/

Once you have settled down in Austria (and have the necessary documentation) you can apply for wife's optional RC.
You will have a 3 months grace period in the new country anyway.

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[mgb]

The family member of a eu citizen don't need a visa for staying or crossing borders inside the schengen area if accompanied by the eu citizen.
The grace period in Austria is 4 month for applying for the residence certificate of the eu citizen and the residence card of the family member.
Grace period for the registration of the address of residence is 4 working days if it is not a hotel or guesthouse.

[goran.r58]

hi
thanks for your earlier replies .
(zor sopas noajthan)
I have already registered for my address and my wife’s address (as they didn’t look at her visa no issue so far)
I start working from 4/07/2016 and applied for my resident certificate. when I mentioned my wife that hasn’t got a visa for Austria, they guy told me she should go back to Poland and apply for Schengen visa to be legalise and apply for her resident card. I have explained under the directive that she doesn’t need one. although he wasn’t firm on his option but still insist that she need a visa to apply for resident card I haven’t applied for her yet, how can I approach it?
I have a summary and full text of MRAX decision and a report by university of Salzburg about the free movement in 2009 which explain how someone (family memeber of EU/EEA from third country )can get resident even if they haven’t got a visa in Austria but an Austrian's family member from third country can’t.
Any advices?

[member]

Did her passport get stamped when she entered Austria?
How long is she allowed to stay in Austria before having the recidence card?

[mgb]

@goran.R58

http://www.bmi.gv.at/cms/BMI_Niederlass ... ergern.pdf

There is no mention of a visa.

http://www.bmi.gv.at/cms/BMI_Niederlass ... nionsrecht

[mgb]

Here is a pdf of the application form:
http://www.bmi.gv.at/cms/BMI_Niederlass ... rmular.pdf

See section Zusatz für Aufhaltskarte

3.) Zum Nachweis des Rechts sind folgende Unterlagen vorzulegen (im Original und in Kopie):


A visa is not mentioned in the precondition part of the application form.