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EU resident card holder - work any EU country

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mayakanon
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EU resident card holder - work any EU country

Post by mayakanon » Sat Aug 27, 2016 11:13 am

I am a non-EU citizen and my wife is Czech citizen. I have a temporary resident card of Czech Republic for 5 years.
1. Am I eligible to work in another EU country i.e. Germany?
2. Does my wife need to work in Germany to establish my right to work in Germany?

Please help me...

secret.simon
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Re: EU resident card holder - work any EU country

Post by secret.simon » Sat Aug 27, 2016 2:58 pm

mayakanon wrote:I am a non-EU citizen and my wife is Czech citizen. I have a temporary resident card of Czech Republic for 5 years.
Is that a temporary resident card issued under Czech domestic law or is it an Article 10 Residence Card issued under EU law?
mayakanon wrote:2. Does my wife need to work in Germany to establish my right to work in Germany?
That should certainly allow you the right under EU law to work in Germany.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

mayakanon
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Re: EU resident card holder - work any EU country

Post by mayakanon » Sat Aug 27, 2016 3:42 pm

secret.simon wrote:
mayakanon wrote:I am a non-EU citizen and my wife is Czech citizen. I have a temporary resident card of Czech Republic for 5 years.
Is that a temporary resident card issued under Czech domestic law or is it an Article 10 Residence Card issued under EU law?
mayakanon wrote:2. Does my wife need to work in Germany to establish my right to work in Germany?
That should certainly allow you the right under EU law to work in Germany.
Sorry, I wrote it wrongly. My resident card states ''Residence Card of a Family Member of a European Union Citizen''.
How can I be sure that if this card issued under Local Law or EU law? Can you please help me for that also.

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Casa
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Re: EU resident card holder - work any EU country

Post by Casa » Sat Aug 27, 2016 3:58 pm

It was issued under EU law.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

mayakanon
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Re: EU resident card holder - work any EU country

Post by mayakanon » Sat Aug 27, 2016 4:26 pm

Casa wrote:It was issued under EU law.
So as I have a 'Residence Card of a Family member of a European Union Citizen' issued under EU law from Czech Republic.

1. Can I work another EU country (i.e. Germany) unrestrictedly?
2. Do I need to apply for Temporary residence card of Germany to work there?
(As I saw a term ''certificate of temporary residence for an EU citizen'' http://www.mvcr.cz/mvcren/article/tempo ... 09MQ%3d%3d)
3. When applying job is that enough to state about ''eligibility to work'' that I have 'Residence Card of a Family member of a European Union Citizen' ?

Thank you for your answers.

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ALKB
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Re: EU resident card holder - work any EU country

Post by ALKB » Sat Aug 27, 2016 4:34 pm

mayakanon wrote:
Casa wrote:It was issued under EU law.
So as I have a 'Residence Card of a Family member of a European Union Citizen' issued under EU law from Czech Republic.

1. Can I work another EU country (i.e. Germany) unrestrictedly?
2. Do I need to apply for Temporary residence card of Germany to work there?
(As I saw a term ''certificate of temporary residence for an EU citizen'' http://www.mvcr.cz/mvcren/article/tempo ... 09MQ%3d%3d)
3. When applying job is that enough to state about ''eligibility to work'' that I have 'Residence Card of a Family member of a European Union Citizen' ?

Thank you for your answers.
1. No. You can visit for up to 90 days.

2. Yes. Your spouse needs to move with you and exercise treaty rights.

3. No, as a Czech RC does not give you any automatic work rights in Germany. Once you have a German RC, that's exactly what you can state and what your prospective employer will want to see.

How did you get an EU residence card from the Czech Republic as the spouse of a Czech national? Did you and your spouse live and work in a different EU country previously?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

mayakanon
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Re: EU resident card holder - work any EU country

Post by mayakanon » Sat Aug 27, 2016 5:07 pm

ALKB wrote:
mayakanon wrote:
Casa wrote:It was issued under EU law.
So as I have a 'Residence Card of a Family member of a European Union Citizen' issued under EU law from Czech Republic.

1. Can I work another EU country (i.e. Germany) unrestrictedly?
2. Do I need to apply for Temporary residence card of Germany to work there?
(As I saw a term ''certificate of temporary residence for an EU citizen'' http://www.mvcr.cz/mvcren/article/tempo ... 09MQ%3d%3d)
3. When applying job is that enough to state about ''eligibility to work'' that I have 'Residence Card of a Family member of a European Union Citizen' ?

Thank you for your answers.
1. No. You can visit for up to 90 days.

2. Yes. Your spouse needs to move with you and exercise treaty rights.

3. No, as a Czech RC does not give you any automatic work rights in Germany. Once you have a German RC, that's exactly what you can state and what your prospective employer will want to see.

How did you get an EU residence card from the Czech Republic as the spouse of a Czech national? Did you and your spouse live and work in a different EU country previously?
We were in UK before but I don't have UK resident card. I get the resident card as a spouse of Czech National. We didn't work any EU country previously. Now I want to go for a work in Germany but it seems I need my spouse to be eligible to work in Germany.

'Exercise treaty rights' means she needs to work there? Or, is there any way to exercise treaty rights without doing jobs in Germany?

Thank you for your cooperation.

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ALKB
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Re: EU resident card holder - work any EU country

Post by ALKB » Sat Aug 27, 2016 6:41 pm

mayakanon wrote:
ALKB wrote:
mayakanon wrote:
So as I have a 'Residence Card of a Family member of a European Union Citizen' issued under EU law from Czech Republic.

1. Can I work another EU country (i.e. Germany) unrestrictedly?
2. Do I need to apply for Temporary residence card of Germany to work there?
(As I saw a term ''certificate of temporary residence for an EU citizen'' http://www.mvcr.cz/mvcren/article/tempo ... 09MQ%3d%3d)
3. When applying job is that enough to state about ''eligibility to work'' that I have 'Residence Card of a Family member of a European Union Citizen' ?

Thank you for your answers.
1. No. You can visit for up to 90 days.

2. Yes. Your spouse needs to move with you and exercise treaty rights.

3. No, as a Czech RC does not give you any automatic work rights in Germany. Once you have a German RC, that's exactly what you can state and what your prospective employer will want to see.

How did you get an EU residence card from the Czech Republic as the spouse of a Czech national? Did you and your spouse live and work in a different EU country previously?
We were in UK before but I don't have UK resident card. I get the resident card as a spouse of Czech National. We didn't work any EU country previously. Now I want to go for a work in Germany but it seems I need my spouse to be eligible to work in Germany.

'Exercise treaty rights' means she needs to work there? Or, is there any way to exercise treaty rights without doing jobs in Germany?

Thank you for your cooperation.
Exercising treaty rights =
being employed,
being self-employed,
being a full time student,
being self-sufficient (difficult),
being a jobseeker (this has a time limit and I wouldn't expect the German authorities to issue a residence card swiftly on that basis, more likely for you and your wife to get problems regarding health insurance and such if she hasn't found a job within 90 days of arrival).

What did your wife do in the UK if she wasn't working?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

mayakanon
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Re: EU resident card holder - work any EU country

Post by mayakanon » Sat Aug 27, 2016 8:50 pm

We were in UK before but I don't have UK resident card. I get the resident card as a spouse of Czech National. We didn't work any EU country previously. Now I want to go for a work in Germany but it seems I need my spouse to be eligible to work in Germany.

'Exercise treaty rights' means she needs to work there? Or, is there any way to exercise treaty rights without doing jobs in Germany?

Thank you for your cooperation.
Exercising treaty rights =
being employed,
being self-employed,
being a full time student,
being self-sufficient (difficult),
being a jobseeker (this has a time limit and I wouldn't expect the German authorities to issue a residence card swiftly on that basis, more likely for you and your wife to get problems regarding health insurance and such if she hasn't found a job within 90 days of arrival).

What did your wife do in the UK if she wasn't working?[/quote]

We both were in family visit in UK.

Well, last time while I was in UK I had EEA Family permit and I get job without proving my wife is a qualified person and I conitnue work legaly even after my EEA Fmaily permit expire as the home office website confirm I am eligible to work there as a spouse of EU citizen. But while I applied for resident Card in UK I needed to prove my wife was qualified person.

So, I thought I can also get a job in Germany and I need to prove my wife is exercsing treaty right only if I want to apply resident permit in Germany. My understaning was I have the same right to get job as a spouse of EU citizen in Germany as I was eligible to work in UK also even they require EEA Family permit to cross the border.

Thank you so much for your replies.

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ALKB
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Re: EU resident card holder - work any EU country

Post by ALKB » Sat Aug 27, 2016 10:07 pm

mayakanon wrote:
Well, last time while I was in UK I had EEA Family permit and I get job without proving my wife is a qualified person and I conitnue work legaly even after my EEA Fmaily permit expire as the home office website confirm I am eligible to work there as a spouse of EU citizen. But while I applied for resident Card in UK I needed to prove my wife was qualified person.

So, I thought I can also get a job in Germany and I need to prove my wife is exercsing treaty right only if I want to apply resident permit in Germany. My understaning was I have the same right to get job as a spouse of EU citizen in Germany as I was eligible to work in UK also even they require EEA Family permit to cross the border.

Thank you so much for your replies.
In the UK, an EEA family permit gives you the right to work. Your wife was self-sufficient through your income, as I understand it; that would explain why the Czech authorities have given you an EU RC.

Germany is a Schengen country, as is the Czech republic, so you don't need a visa to enter Germany. You can't even apply for a Schengen visa from within Schengen.

In theory, applying for a German RC is optional (as long as your spouse is exercising treaty rights, because your right to live and work in any EU country other than the Czech Republic derives itself from her being there and being a qualified person). God luck explaining that to prospective German employers. Or landlords. Or a random police check.
I am not a regulated immigration advisor. I am offering an opinion and not advice.

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Re: EU resident card holder - work any EU country

Post by noajthan » Sat Aug 27, 2016 11:59 pm

mayakanon wrote:I am a non-EU citizen and my wife is Czech citizen. I have a temporary resident card of Czech Republic for 5 years.
1. Am I eligible to work in another EU country i.e. Germany?
2. Does my wife need to work in Germany to establish my right to work in Germany?

Please help me...
Suggest read up on EU free movement to get a handle on this.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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