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Therefore this rule cannot apply to union citizens. It is only applicable to members outside the Europeanean community. Bulgarian laws says Bulgarian, but it is intended to cover Union Citizens too.[b] Article 24 Directive 2004/38EC[/b] wrote:
Article 24
Equal treatment
1. Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.
So simply a letter from an employer stating that they are going to employ me will suffice you think?a confirmation of engagement from the employer or a certificate of employment,
Tripe. Ask them to refer to Directive 2004/38/EC and Metock.andy and ann wrote:We spoke to them about registering Ann and the woman said that she cannot get a residence card because she is on a tourist visa and that she has never been to the UK.
More tripe. Both you and Ann have the right to reside in Bulgaria for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.andy and ann wrote:I didn't realise it, but Ann had to register at the police within 48 hours of arriving here, so that caused us a lot of problems for these last couple of days. We managed to get her registered in the end though and avoid the fine!
I'd like to see them trying to fine you, when they're the ones acting unlawfully.Directive 2004/38/EC, Article 6 wrote:Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen.
Yes, or a wage slip.andy and ann wrote:Silly question time! This quote from article 8 no.3 of the directive:
a confirmation of engagement from the employer or a certificate of employment,
So simply a letter from an employer stating that they are going to employ me will suffice you think?
I don;t know why they let them in - 70 years of Soviet-style corruption doesn't go away easily...andy and ann wrote:I will go back next week with an English friend who speaks Bulgarian perfectly and inform them they have been acting illegally with regard to the registration. If they refuse to listen I will report them to Solvit. Hopefully if I prove this situation is illegal I will get more help with the rest of it. I won't be holding my breath though as the people working in these places are truly awful!
That is not a nice thing to say, to be fair to Bulgaria, they have moved on a lot since the soviet days. They still have a long way to go, but they are making a huge process. These habits don't go away in a day.Wanderer wrote:
I don;t know why they let them in - 70 years of Soviet-style corruption doesn't go away easily...
Nothing on that page relates to EU citizens. In fact, much of it attempts to unlawfully deprive EU citizens of their rights of free movement, as citizens of the Union.eucitizens.htm
Certainly not. Member States are not permitted to impose addition restrictions or conditions other than those laid out in the Directive and relevant case law.andy and ann wrote:Now they are saying that they want a certificate coming from the British Embassy saying that they are acknowledging our marriage.
Are they allowed to ask for this?
[b] Metock Ruling [/b] wrote:
47 Since it considered that an interpretation of Directive 2004/38 was necessary for it to give judgment in the main proceedings, the High Court decided to stay the proceedings and refer the following questions to the Court for a preliminary ruling:
‘(1) Does Directive 2004/38/EC permit a Member State to have a general requirement that a non-EU national spouse of a Union citizen must have been lawfully resident in another Member State prior to coming to the host Member State in order that he or she be entitled to benefit from the provisions of Directive 2004/38/EC?
(2) Does Article 3(1) of Directive 2004/38/EC include within its scope of application a non-EU national who is:
– a spouse of a Union citizen who resides in the host Member State and satisfies a condition in Article 7(1)(a), (b) or (c) and
– is then residing in the host Member State with the Union citizen as his/her spouse
irrespective of when or where their marriage took place or when or how the non-EU national entered the host Member State?
Therefore your marriage should have nothing to do with the British authorities, neither do you have to seek their approval for it to be validAnswer wrote:
98 Third, neither Article 3(1) nor any other provision of Directive 2004/38 contains requirements as to the place where the marriage of the Union citizen and the national of a non-member country is solemnised.