Moving to Malta

[Muddy Waters]

I am British and married to an Algerian. I am normally UK resident, but my husband currently resides outside of the EU. I thought I would be able to "exercise Treaty rights" and that my husband would be able to apply for a Schengen visa as an EU spouse and that we would be able to move to Malta, but we applied the other day and it was refused on the grounds that my husband doesn't currently reside in the UK. I do not want to live in the UK and so I do not wish to apply for a spouse visa for my husband to live in the UK, as we would have no intention of living there, but how do we get residency in Malta? Is the correct way to do things for me to move to Malta, get residency and a job and then for my husband to apply to move there with me then?

Does anyone know if the law in Malta for non EU spouses to join EU wives at all?

[Muddy Waters]

I forgot to mention, my husband was resident in Italy from 1996 to 2002, so will this stand for anything when it comes to him having to live in the EU at all?

[Directive/2004/38/EC]

What exactly was the wording they used in rejecting your application? That he did not live in the UK?

As long as you have a real and substantial marriage, you can move to Malta with your husband. There are very few grounds on which they can turn him down if you will be together.

The EC is apparently taking legal action against Malta for failing to properly communicate their implementation of Directive 2004/38/EC. http://eumovement.wordpress.com/2007/07 ... f-justice/

You should contact http://ec.europa.eu/citizensrights/ for an assesment of EU llaw in respect to your situation. You should then contact Solvit http://eumovement.wordpress.com/help-eu-solvit/ for help in resolving it.

[Muddy Waters]

We did not get a reason for the refusal in the reply, apparently they say they don't have to give reasons, but the last question we were asked in our fortnight long saga in trying to apply for the visa was whether or not my husband was UK resident and if not we had to supply evidence that he could get UK residency. I pointed out that we could not say whether or not he could get residency without applying, and I objected to paying out the £500 visa fee just to satisfy the Consul's curiosity. It was after that we got refused and so that is the reason why I assume those were the grounds for refusal.

[Directive/2004/38/EC]

They are 100% legally required to give you a full reason for rejecting your application. And it can only be for national security reasons, (big) public policy and (big) public health.

You should definitely contact Solvit for their assistance.

[Muddy Waters]

We had a bit of an idiot at the Consul, and I'm not even sure he considered the application as anything other than a normal tourist visa. Another example of Consular staff not knowing basic EU rights I think

We have contacted Solvit and are also appealing the decision, but the Consulate were insistent that they didn't have to give us a reason for the rejection!

[Directive/2004/38/EC]

We have contacted Solvit and are also appealing the decision, but the Consulate were insistent that they didn't have to give us a reason for the rejection!

Then they should be happy to say in writing that they do not have to give you any reason. Get that. And then wait for then to have to eat their words.

A year after the implementation of the Directive, the Irish embassy in London was largely ignorant of its implication.

[Muddy Waters]

I am a bit worried about the response we've had from Solvit so far. They reckon that any EU Consulate is within their right to ask us to provide information on employment and earnings and all the other information that is starred on the application form as not to be answered by EU family members, and the last response I received was that my husband had no EU rights. They also reckon that in order for me to exercise EU treaty rights I have to have previously resided in another EU country. Because we're dealing with the UK Solvit Office and the UK is not particularly all that good at recognising the EU Directive, I'm worried that we'll not be represented as well as we should be!

[Directive/2004/38/EC]

Have you received any reply from http://ec.europa.eu/citizensrights/ ???

I am a bit worried about the response we've had from Solvit so far. They reckon that any EU Consulate is within their right to ask us to provide information on employment and earnings and all the other information that is starred on the application form as not to be answered by EU family members, and the last response I received was that my husband had no EU rights. They also reckon that in order for me to exercise EU treaty rights I have to have previously resided in another EU country. Because we're dealing with the UK Solvit Office and the UK is not particularly all that good at recognising the EU Directive, I'm worried that we'll not be represented as well as we should be!

Huh?

Did you make clear that you both live presently in the UK and are moving to another EU member state and will then be exercising your treaty rights?

I would repeat it very clearly and very simply to them.

Note that presently (being in the UK) your husband does not have EU rights. But as soon as you travel together to or move to another EU member state, or prepare to do so, then he DEFINITELY has EU rights, and in fact almost as much as you do.

Do not worry. Press on.

[Muddy Waters]

Heard from Citizen's Rights, but their reply was just to ask Solvit Malta and get info from the EU Commission via their website where you request documents and info, so all in all that was completely useless!

My husband doesn't currently reside in the UK, we're both currently in North Africa, but I'm still legally resident in the UK. I think this was the sticking point with the Maltese Consulate, that he is not in the EU at the moment and I think they think it's a bit of a back door into the EU/UK without having to go through the UK application process, but the fact of the matter is, I want to live in Malta, not the UK and I want my husband to come with me. We'll just have to wait and see I think

[Directive/2004/38/EC]

Has your husband previously had a Schengen or UK visa? How long have you been married, and have you lived together?

[Muddy Waters]

He had Italian residency, which I take it is the same as having a Schengen visa, but he left Italy in 2002. We've only been married for a month, but have known each other for years. We've lived together since we've been married and before that we lived together in Algeria for 5 months while we were waiting for permission to marry.