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residence card requirements

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charmender
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Posts: 34
Joined: Tue Feb 09, 2016 10:33 am
Ireland

residence card requirements

Post by charmender » Thu Sep 15, 2016 11:03 am

I am sure this question has been answered somewhere but if someone can answer again or provide a link I would appreciate it.

Are the requirements for a residence card in EU countries standardised or does each country have its own different requirements. If a country is asking for bank statements/health insurance for a residence card to be issued to the spouse of an EU citizen is this legal?

noajthan
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Location: UK

Re: residence card requirements

Post by noajthan » Thu Sep 15, 2016 11:07 am

charmender wrote:I am sure this question has been answered somewhere but if someone can answer again or provide a link I would appreciate it.

Are the requirements for a residence card in EU countries standardised or does each country have its own different requirements. If a country is asking for bank statements/health insurance for a residence card to be issued to the spouse of an EU citizen is this legal?
Depends on reason for request.
CSI for spouse of student?
Bank statement as evidence of residence?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

charmender
Newbie
Posts: 34
Joined: Tue Feb 09, 2016 10:33 am
Ireland

Re: residence card requirements

Post by charmender » Thu Sep 15, 2016 12:59 pm

noajthan,

I am living in Malta as an EU citizen and my husband is here as non EU citizen. We both need to apply for a residence card. I am working, we have a rental agreement and we can use bills as proof of address too. The Maltese authorities have requested from my husband to show my bank account as proof that I can support him even though I clarified to them that I am working here and can show a work contract. They also want us to have private health insurance. I am not sure on what my rights are and if they can request such things?

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ALKB
Respected Guru
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Joined: Mon Mar 26, 2012 12:32 pm
Location: Berlin
Germany

Re: residence card requirements

Post by ALKB » Thu Sep 15, 2016 2:20 pm

charmender wrote:noajthan,

I am living in Malta as an EU citizen and my husband is here as non EU citizen. We both need to apply for a residence card. I am working, we have a rental agreement and we can use bills as proof of address too. The Maltese authorities have requested from my husband to show my bank account as proof that I can support him even though I clarified to them that I am working here and can show a work contract. They also want us to have private health insurance. I am not sure on what my rights are and if they can request such things?
The authorities shouldn't ask for evidence of finances/health insurance if you apply within 90 days of arrival and as a jobseeker. You apparently applied as a worker.

Do you have any evidence of actually exercising treaty rights? Salary slips and corresponding payments into your bank account?

A work contract doesn't necessarily mean you are (still) working there.

I am not sure how the Maltese health system works - most EU countries do not have an NHS style service. Are you automatically insured through your work?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

charmender
Newbie
Posts: 34
Joined: Tue Feb 09, 2016 10:33 am
Ireland

Re: residence card requirements

Post by charmender » Thu Sep 15, 2016 9:18 pm

I haven't applied yet but yes I will be applying as a worker. I will apply with my husband so that our applications can be dealt with together.

Well as I just moved here recently and have only been working like 2 weeks I don't have any payslip/money into my bank account. So if a work contract doesn't show them that I am working I am not sure how I can. Unfortunately i am not insured through work but will be paying social security contributions.

Apart from that though the correspondence with the Maltese authorities I have had suggests that even though I am employed and even though that I will pay social security contributions - this is irrelevant. They say for first time applicants a bank statement and health insurance are required.

If I was applying on my own they don't want those 2 extra things. But just because my husband will apply as my spouse they want those 2 extra things from me.

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ALKB
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Joined: Mon Mar 26, 2012 12:32 pm
Location: Berlin
Germany

Re: residence card requirements

Post by ALKB » Fri Sep 16, 2016 8:21 am

charmender wrote:I haven't applied yet but yes I will be applying as a worker. I will apply with my husband so that our applications can be dealt with together.

Well as I just moved here recently and have only been working like 2 weeks I don't have any payslip/money into my bank account. So if a work contract doesn't show them that I am working I am not sure how I can. Unfortunately i am not insured through work but will be paying social security contributions.

Apart from that though the correspondence with the Maltese authorities I have had suggests that even though I am employed and even though that I will pay social security contributions - this is irrelevant. They say for first time applicants a bank statement and health insurance are required.

If I was applying on my own they don't want those 2 extra things. But just because my husband will apply as my spouse they want those 2 extra things from me.
So wait until you have received your first payslip and payment and apply right afterwards?

If your spouse applies for a Residence Card for family members of EEA nationals, you, the EEA national, has to show that you are exercising treaty rights. Payslip and corresponding payment will show this. A work contract shows that you were offered a job, not that you took it on.

Is nobody in Malta insured through their jobs? Or is your job only for a few hours per week and not eligible or something like that? Remember, your job cannot be 'marginal' to count as exercising treaty rights.

As I said, I know nothing about the Maltese system but you might want to get health insurance ASAP - what will you do otherwise if you fall ill?

In Germany for example, it is law that every resident (including German citizens) have to have health insurance and family members of EEA nationals have to sow that they are insured when applying for an RC.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: residence card requirements

Post by noajthan » Fri Sep 16, 2016 9:13 am

There may be something of relevance and value here:
http://britcits.blogspot.co.uk/2014/08/ ... d-dee.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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