Husband deportation order dated for 3 days after our wedding

viennalove · Post by **viennalove** » Tue Dec 11, 2012 5:15 pm

Hello:

My husband and I married on Nov 29th. When we began planning our wedding one year or so ago, he was an asylum seeker in Austria. Because of the language and cultural barrier, it has taken us close to a year to get all the documents we needed to get married. During that time, his asylum hearing came up, and last week he was given a deportation order which was supposed to take effect yesterday on December 10th. We had our wedding scheduled for the same week the deportation order arrived, and we have since married. I am UK (have not exercised treaty rights) and he is Tunisian.

A few questions ...

1. How to stop the deportation order?

2. How to get a visa for him to stay legally in Austria for the next few weeks while we finalize plans to go to Ireland?

3. What is the best way to get residency in Ireland ... get a short stay (Shengen) visa first and then apply for residency after arriving there, or apply for residency at the outset?

The reason I am asking for guidance is because I am pressed for time. I have an 11 year old who would need to be in school at the start of the school semester in January.

Can someone help?

Cheers,
VL

Post by **EUsmileWEallsmile** » Tue Dec 11, 2012 9:29 pm

In order to get some help, suggest you state your nationaility and what your plans are.

If you are not Austrian and are with your spouse in Austria, then your spouse would be entitled to remain there with you provided you satisfy the requirements of directive 2004/38/EC (be a worker, student, self-sufficient - first three months no conditions). This would change the circumstances pertaining to the deportation order.

However, you state you are in the UK.

viennalove · Post by **viennalove** » Wed Dec 12, 2012 7:16 am

My husband and I are both in Vienna. I am a British citizen and he is Tunisian. I would like to exercise treaty rights in Ireland, not Austria. So how to get him from Austria to Ireland legally?

Post by **EUsmileWEallsmile** » Wed Dec 12, 2012 8:44 pm

viennalove wrote:My husband and I are both in Vienna. I am a British citizen and he is Tunisian. I would like to exercise treaty rights in Ireland, not Austria. So how to get him from Austria to Ireland legally?

Sorry, I'd misread your post and thought you'd said you were in the UK.

To move to Ireland, they will expect your husband to have an visa. You can contact the Irish embassy for details.

http://www.embassyofireland.at/home/index.aspx?id=51908

Bear in mind that you could easily move to another EU country within Schengen and you have three months before you must be excercising treaty rights that is if you are not already doing so in Austria. I mention this because you raised the issue of a deportation order. Your first three months in any EU country (except UK) would be considered to be legal.

viennalove · Post by **viennalove** » Thu Dec 13, 2012 9:19 am

So you are saying if we crossed the border into Slovakia or Germany, for example, to start a fresh 3 month stay there, no one would stop him at the border? Would they give him a Shengen Visa at the border?

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 9:39 am

When you cross from Austria to Germany, it is almost impossible to see the border. There are no internal borders within Schengen!

He also has full right to be with you in Austria. They won't stop him there either. Or in Germany.

In fact you can take a bus (city bus??) to Bratislava, and then back.

You need to breath in and out. Are you guys living together?

viennalove · Post by **viennalove** » Thu Dec 13, 2012 9:42 am

Yes, we live together.

The reason I decided on Ireland to exercise my treaty rights in is because they speak English there, but another poster suggested Malta.

Would he be able to board a flight to Malta from Vienna airport, since Malta is also Shengen?

I called the Irish Embassy and they said that since my husband doesn´t have a residence card for Austria getting a short stay visa could take up to 8 weeks. Does this sound correct? They also asked for a lot of stuff, bank statements, letters or documents documenting our relationship, etc. which I think they should not ask for according to the Directive.

Cheers,
VL

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 9:48 am

Does he have a passport?

I would encourage you to think carefully about where you want to go. There is no need to just go to the first place that seems easy.

You can both stay in Austria. You can work at any job. Cleaning up in a bar is fine. And he can work too (once you are working). If he has been there for two years, he likely speaks some German at this point.

I would personally love to live in Austria for a while. I might stay!

viennalove · Post by **viennalove** » Thu Dec 13, 2012 10:08 am

I know exactly where I want to go -- to an English-speaking country. And soon, like today, tomorrow or next week. I have an 11 year old child who needs to be in a school at the start of the school semester and he speaks only English. Hence the reason for my questions here. There is urgency.

I could, theoretically, take my time and file for residence here but I´ve been here long enough (4 months) to know I won´t enjoy it. It has nothing to do with the place, Vienna is a fabulous city. It has to do with the language barrier and losing a year or two of your life trying to learn that which you have no interest in learning, just to make one step forward.

I hope you understand.

Cheers,
VL

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 10:14 am

That is fine. And thank you for reminding me. I need to be pointed in the right direction sometimes! (Though I do like Wien!)

The irish embassies are known for sometimes taking their time on free movement visas, even though they should issue them ASAP. Push on them if you want. Sweet talk, and then push if not issued.

You can also theoretically enter without a visa. http://eumovement.wordpress.com/2010/08 ... to-travel/

My wife actually entered Ireland without the required visa, as described, but we were flying from UK, so it was a lot easier to get there in the first place.

I am not sure if there are any direct ferry options from France to Ireland.

You can certainly fly ahead, but I recommend that you do the full visa application before you leave. And it is NOT clear what his status would be in Austria if you have left. Certainly he would not have a clear and strong status as family member of an EU citizen.

viennalove · Post by **viennalove** » Thu Dec 13, 2012 10:24 am

"You can certainly fly ahead, but I recommend that you do the full visa application before you leave. And it is NOT clear what his status would be in Austria if you have left. Certainly he would not have a clear and strong status as family member of an EU citizen."

This is the reason for my questions. I don´t want to leave my husband behind. Can someone help me to get him to an English-speaking country this week? Please? Please tell me how to do this. How to get to Ireland or Malta or Cyprus ...

I spend sleepless nights wondering what to do next.

I emailed the Maltese Embassy in Vienna yesterday and they haven´t responded.

Cheers,
VL

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 10:39 am

Does he have a passport?

Have you applied already for an Irish visa?

If he is the bio-father of the 11 year old, that is also worth noting.

viennalove · Post by **viennalove** » Thu Dec 13, 2012 10:43 am

I haven´t applied for the Irish Visa yet, possibly tomorrow. We needed to get an apostilled, English translation of our marriage certificate. He is not the father of the child.

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 10:46 am

If he does not have his passport, you will first have to request it back from the Austrian authorities.

viennalove · Post by **viennalove** » Thu Dec 13, 2012 10:50 am

Sorry, I forgot to answer that question. We have his passport in our possession. We used it to get married.

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 10:53 am

http://www.irishferries.com/ie/routes-t ... oscoff.asp might be helpful.

Though last sailing on on Dec 19.

Post by **Directive/2004/38/EC** » Thu Dec 13, 2012 10:58 am

It is hard to know what to suggest.

Another option is the Netherlands where they are very English friendly and no visa at all is needed.

frei · Post by **frei** » Thu Dec 13, 2012 11:01 am

OP do you understand you can normally fly to Malta with your man like you would be normally flying inside Austria? just book your flights and get going no problem

viennalove · Post by **viennalove** » Thu Dec 13, 2012 11:01 am

Woo hoo! That´s the answer I needed!

frei · Post by **frei** » Thu Dec 13, 2012 12:14 pm

When you arrive in Malta , there would be no immigration checks of any sort, when you go inside the city then you can go deal with the immigration authorities there

Your husband have the right of exit from Austria so it shouldnt be a problem for them releasing his travel documents to him.

viennalove · Post by **viennalove** » Sun Dec 23, 2012 11:39 pm

Just in case you are wondering, here is an update for you.

My husband and I booked our flights from Vienna to Malta. We showed up at the airport more than two hours in advance just in case there were problems. We wanted to make sure we would have time to sort any issues out before flight time. We were the first in line to check in. Sure enough, problem -- my husband didn't have a Shengen Visa, so they didn't want to put him on the flight. To be certain the airline didn't have any reason to refuse us boarding, we had apostilled our marriage certificate and had had it translated into English by a certified court translator. We also brought a law school textbook on European Union Law in hand, which as soon as the check in agent started to waffle, we placed on the check in desk in full view. I also had the relevant case law highlighted (the Metok case) and the decisions resulting from it. The check in clerk said he was not being paid to make a decision, so he called someone or some persons in a back office somewhere, mentioned that we had a book on EU Law on the counter, and then turned to us to assure us that some higher ups from Air Malta would be coming out to review the documents personally. We waited about 15 minutes without seeing anyone. In the meantime, they continued to check passengers into the flight. I though for sure that asking us to step aside and wait for the higher ups was a ruse to get us out of the way so they could finish checking in the flight without a scene and then they would just say "Oops! Sorry, you can't be boarded,." Just about the time when I began to get worried and antsy, two people who said they were Air Malta officers came up to us. They reviewed the documents, the translation, and in less than 3 minutes, advised us that we could board the plane. We were handed our boarding passes and off to MAlta we flew. In Malta, there was no immigration check, so we walked out of the airport and into "freedom." And here we are.

Post by **Directive/2004/38/EC** » Sun Dec 23, 2012 11:54 pm

Thanks for the update. Glad you have found a place you are happier with!

Once you have worked for a while in any EU member state, then you can return to the UK on the basis of EU law.

frei · Post by **frei** » Mon Dec 24, 2012 12:35 am

Great stuff viennalove, happy for you, and your family, when did you travel out of Austria? do you think your chances of securing an employment in Malta is realistic? do you like it so far in Malta? Here is to wish you a successful adventure.

viennalove · Post by **viennalove** » Mon Dec 24, 2012 2:52 pm

We flew to Malta on Dec 19th, a few days ago. Architectually, it has been a bit of a disappointment as I've seen prettier destinations, but the people are warm and friendly, and the sea views are fantastic, so no complaining. I have sent out about 20 job applications this week. I can keep you updated on my progress if you wish.

frei · Post by **frei** » Mon Dec 24, 2012 4:17 pm

Thanks viennalove for the update, yea please could you keep us posted on how you get on? I would expect the structures in Malta to be something like the ones in Spain. Myself and my wife had once considered migrating to Malta , we ended up in Germany when we didn't know how to get an apostille for our marriage cert as it was a requirement to secure an entry visa for me. Good luck with job searching.

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Husband deportation order dated for 3 days after our wedding

Husband deportation order dated for 3 days after our wedding