Does anyone know the way out of this?

[kilode_na]

I applied for residence for the EU residence card as the spouse of an eu citizen about 6 months ago in czech Republic but still waiting for the card till now. The sticker put on my passport is an LTV visa (Limited travel Visa) and I was told I cant work or travel freely with this sticker. Now I am thinking of sacking the whole process off and returning home. I feel its just untenable and unacceptable to waste 6 months plus of one's life waiting about for a residence card. By the way I am a non Eu citizen.
My question is does anyone know if i can get the process cancelled and then travel back to my country where I have a right to move freely? I'm Ghanian and my wife is Irish. We came here to learn a new culture and get something extra on the cv. I feel like I am living in an open prison here as I cant work or travel to go tend my business but I am expected to pay my expensive bills here. My wife is pregnant and cant work and we have lived off our savings for soo long. On the other hand I dont want to get myself in trouble by working under the table. We are very stressed. Has anyone else been in this same situation? How did you ride it through? I know I am ranting a bit but I need to get all this off my chest.
We are at a point where we just want to end the whole process and go home.
I am told that my spouse being an Eu citizen can go and come as they like but I being a non eu citizen, am to wait here till I get a decision on my residence application.
I need all opinions on all these issues raised. I know my post may not be coherent but i am stressed and at my wit's end.
Thanks

[86ti]

It's actually not correct that you cannot work because your rights to stay and also to work solely derive from your marriage to an EEA national. However, it is possible that the Czech Republic ignores EEA regulations in this respect and your current visa obviously won't help either. How did you get this visa in the first place? You say it's LTV. It should be either a Schengen C or a national type D visa. It's unclear to me why it was restricted.

Do you have your passport or is it still with the authorities? If you still have it does the visa say multiple entry (in case you would still want to return to the Czech Republic). I am afraid not many here (if anyone at all) is knowledgable how they process EEA applications.

[kilode_na]

Thanks 86ti for your helpful contribution. I got here on a schengen visa then when i applied for residence with my spouse, I was put on an LTV visa pending when the residence card is ready. I have been to renew the LTV visa 3 times now (usually issued for 2 months at a time)
I was thinking it was normal procedure not to allow work for applicants of residence permit on the basis of being family members of eu citizens. However I was reading on some immigrations forum today and I noticed that applicants in many other eu countries could work pending the issuance of their eu cards.

[kilode_na]

by the way, the visa says multiple entry and yes i have my passport.

[MSH]

Contact Czech SOLVIT here:

http://ec.europa.eu/solvit/site/index_cs.htm

IF they refuse to help you out (people have very different experiences with the usefulness of the SOLVIT network) I would strongly urge you to lodge a formal complaint (including the fact SOLVIT did nothing to help you!) with the European Commission here:

http://ec.europa.eu/eu_law/your_rights/ ... rms_en.htm

You can also get an overview of your rights as the spouse of a EU citizen here:

http://ec.europa.eu/youreurope/citizens/index_en.htm


OK, that's a few helpful links to get you started off. Please don't go back to Ghana before you at least put aside a day's work to sit down and compose emails to the different European bodies listed above.. if no one will make it clear to the European community just how far from the ideals the European project REALLY is, nothing will ever change.

With regards to working, you have every right to do so as the spouse of an EU citizen exercising her free movement. You should be issued a multiple entry visa if the Czech can't figure out how to issue you with a residence card within the alloted time set out in directive 2004/38.

Best of luck going forward!

Sincerely,

MSH.

[86ti]

According to the Community Code on Visas (Article 25) an LTV is only issued under exceptional circumstances. What is not clear from your description is how your wife is exercising treaty rights. You say she can't work at the moment which would mean that she must be self-sufficient. I do not know how the Czech health insurance system works but in principle you would also need a comprehensive sickness insurance. Were you asked to show that?

[kilode_na]

yes i was asked to submit a translated copy of my comprehensive insurance.

[mastermind]

Here is also an official guide by European Commission explaining that your rights are not dependant on administrative formalities (like obtaining the residence card) but are conferred directly by the Directive: http://ec.europa.eu/justice/policies/ci ... _ec_en.pdf found on this page (at the bottom) under "Guide to free movement".

[Directive/2004/38/EC]

You should be able to work if you want. Have you tried to get a confirmation of your right to work?