Non-EU Family Member of an EU National Residency Card

Looking at this situation much more simply to change that wife for another one without that problem !

I'm interested in this too. My wife is from the UK although I'm Australian. I'm currently residing based on a work visa (as we weren't married at the time we moved) but we want to change it so I'm here under the 'Article 10' residency card as we have now married.

I'm hesitant to go through the process though because like OP, it will mean many months with not being able to leave the country I fear. Any advice is appreciated.

Seek advice and guidance from Christian Bulzomí, Legal Officer of Unit C/2 - Citizenship and Free movement, European Commission Directorate General Justice.

MO59 06/91 B-1049 Brussels/Belgium

Tel: +32 2 298 58 78

E-mail: christian.bulzomi@ec.europa.eu

Hello SLBroughton

I’m quite curious as to the progress of the resident card for your wife.
Did your wife eventually get her resident card and did she have to wait long?

My partner and I are planning to start this process in September 2018. I’m a NZ citizen and my partner is French.

Was your wife allowed to leave Malta while waiting for the card to be issued?

I hope all goes well with you and your wife.

Best wishes
Enid

Im going through the process myself right now as Im Australian. They said it can take up to 6 months but generally takes about 3 months, although there is zero gurantee of that (it took my wife the full 6 months to get just hers originally).

Its been roughly five weeks so far and im still waiting.

I’m in bit of a unique situation though as I had a valid work permit already which I had to give up at the time of application, so if I want to leave the country, I can go get it temporarily and my application will be placed on hold while I travel.

Be prepared though to not leave the country for six months.

This sounds glorious, I am so looking forward to Brexit.

I hope there's some fast track for people who hole residency now but who will be in this boat by then (I am british with a EU wife)

Yeah well my wife is British so who knows what is going to happen post brexit.

One thing I’m curious about though is if a non eu person travels with their eu spouse while application is pending, could they/would they stop the non eu person? In theory yes but I wonder if anyone has really ever tested it.

Thank you for sharing JV321.
While waiting for the resident card, do they not issue a temporary one to allow you to take up employment? 3 to 6 months seems a long time to wait and not being able to do anything.

Enid

I’ve never tested it myself as I originally came on a work permit which was a little different to begin with, but I believe you can work with the paper one issued however you can’t travel on it, but take that advice with a grain of salt.

EnidLiew wrote:

Thank you for sharing JV321.
While waiting for the resident card, do they not issue a temporary one to allow you to take up employment? 3 to 6 months seems a long time to wait and not being able to do anything.

Enid

Both of you may lawfully commence gainful employment from day 1 of your arrival in Malta.

Whereas EU law stipulates that ‘The deadline for registration may not be less than three months from the date of arrival’, the practice in Malta appears to be that you may notify the Maltese authorities that you are exercising your right of residence - and registering for an ‘e-Residence Card’ - WITHIN three months of arrival.

In addition, with specific reference to your question, please see the following excerpts from recent reportage:

‘……Identity Malta representative Ryan Spagnol……He said third country nationals married to EU citizens apply as family members of EU nationals. "It's a card and they have rights of free movement, the same rights as an EU citizen……Asked about the need for an ID card and employment, he said that "the card is a formality, so it cant inhibit a person. Employment is not dependent on the card, the fact that a person is married to an EU national gives them the rights."………......Marcel Bonnici from Jobs Plus…..He stressed that a non-EU national married to an EU national follow the same employment procedure as an EU national, and a Maltese person.  The procedure is that when employed by a company, the employer will open an engagement form with Jobs Plus. He said that one does not necessarily need an ID card, and passports are also accepted. As for National Insurance, he said that one can apply for a national insurance number through the engagement form.……’

Fionn wrote:

the practice in Malta appears to be that you may notify the Maltese authorities that you are exercising your right of residence - and registering for an ‘e-Residence Card’ - WITHIN three months of arrival.

At least you are acknowledging that things in Malta has no relation to what the EU thinks, I guess its a start.

volcane wrote:

Fionn wrote:

the practice in Malta appears to be that you may notify the Maltese authorities that you are exercising your right of residence - and registering for an ‘e-Residence Card’ - WITHIN three months of arrival.

At least you are acknowledging that things in Malta has no relation to what the EU thinks, I guess its a start.

In response to your remark, please see: Warning to Malta: EU funding will be conditional on compliance with rule of law - Source: https://manueldelia.com/2018/05/warning … le-of-law/

In addition, according to law:

1) Possession of an ‘e-Residence Card’ on the part of non-Maltese EU / EEA / Swiss citizens CANNOT be lawfully made a precondition for the exercise of a right or the completion of an administrative formality as entitlement to rights may be attested by ANY OTHER means of proof.

2) In addition, an ‘e-Residence Card’ is NOT intended to be used instead of an identity card OR as an identity document.

Any administrative formalities or registration criteria imposed on non-Maltese EU / EEA / Swiss citizens in this respect other than those established by the pertinent EU Directive/s, are prima facie contrary to Union law.

3) Should you experience any institutional difficulties in this regard, register a complaint with and seek advice as well as guidance from Christian Bulzomí, Legal Officer of Unit C/2 - Citizenship and Free movement, European Commission Directorate General Justice.

MO59 06/91 B-1049 Brussels/Belgium

Tel: +32 2 298 58 78

E-mail: christian.bulzomi[at]ec.europa.eu