Moving to Malta - Schengen For Non EU Spouse

a type c visa would only allow you entry to one schengen country so if you choose spain then as soon as you leave spain its no longer valid .(unless its a mulitiple country one but then you have only 90 days entry to a country in any six months)

because your intending to come here and seek residence from outside the European union and you have been living outside the eu your wife will need to have the correct visa this being the type d because she intends to come here to work , live or seek residence .


for more information on schengen visa types please see the link here http://www.schengenvisainfo.com/schengen-visa-types/

The Austrian embassy is right in this instance you will need to apply for the correct visa as though you weren't married because you are entering the country from outside of the European union and your transfer at the dutch airport wont count because its considered in transit.
if you came here under a mulit visit schengen visa your wife would only be entitled to 90 days in the country

This kind of contradicts what the Spanish Embassy (Head of Dept) have said to us here. I know Spain and Malta are different but surely the same rules apply. They said (when I was originally going to work in Spain) that we can simply go there on a type C and apply for residency when we arrive. There are many many people who successfully go own the type C route all over the internet.

I appreciate we would need a multiple entry if we go to Spain for a "holiday" first. Would this get around the issue of me being outside the EU at the moment?

Thanks.

Matt

MatthewUK wrote:

This kind of contradicts what the Spanish Embassy (Head of Dept) have said to us here. I know Spain and Malta are different but surely the same rules apply. They said (when I was originally going to work in Spain) that we can simply go there on a type C and apply for residency when we arrive. I appreciate we would need a multiple entry if we go to Spain for a "holiday" first. Would this get around the issue of me being outside the EU at the moment?

Thanks.

Matt

i strongly advise you to contact https://homeaffairs.gov.mt/en/MHAS-Info … dence.aspx
the problem with a 90 day tourist visa is you cannot work using it and there is no extension to it once its expired it is simply a tourist visa and  not for long term use .

She won't be working and we will be applying for residency. My understanding is that under EU Law she can travel with me wherever and whenever. Splitting us up is in contravention of human rights etc.... Technically, we can travel throughout Europe without a visa for her, providing the proof of marriage at each and every border, however, we don't want to do that.

There's an Irish guy in a similar situation to me who has a thread running. Not being difficult, but what's difference in my case if we go via Spain?

I think I'll contact the Consulate here again and see what he says. Cheers.

MatthewUK wrote:

She won't be working and we will be applying for residency. My understanding is that under EU Law she can travel with me wherever and whenever. Splitting us up is in contravention of human rights etc.... Technically, we can travel throughout Europe without a visa for her, providing the proof of marriage at each and every border, however, we don't want to do that. I think I'll contact the Consulate here again and see what he says. Cheers.

only in Europe are you granted free movement but your not living in Europe though.#
once you get residency in Europe you will get free movement that is correct  but she still needs the correct visa to enter Malta in the first place as your original destination is Indonesia .

Why does the type C application form state

"* The fields marked with * shall not be filled in by family members of EU, EEA or CH citizens (spouse, child or dependent ascendant) while exercising their right to free movement. Family members of EU, EEA or CH citizens shall present documents to prove this relationship and fill in fields no 34 and 35."

Our Spanish cousins don't seem to have an issue with me living outside the EU at the moment.

MatthewUK wrote:

There's an Irish guy in a similar situation to me who has a thread running. Not being difficult, but what's difference in my case if we go via Spain?

.

i have just looked at that thread and would say to you if thats what works then fine do it that way apply for a schengen visa for spain, visit spain then travel to Malta then apply for residency - i cannot gaurentee you would be without problems but i suggest you message llp and get them to give you details

all the best

Cheers. I'll keep this thread posted with any progress.

How did it all work out for you?

Worked out fine mate. Ended up using the spanish Schengen, went to barcelona for a few days and flew on to malta. Started work a week later at the end of July and applied for our residencies. Both have been approved quite recently and we're now working towards evidencing the documentation for the family permit which is required for the ss route. Should be sorted by October (fingers crossed) :-)