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non-eu family members, do i really have equal rights?

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Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Aug 11, 2013 7:48 am

Sorry, this is way way way too confusing. I am not clear you know what you want to do. I certainly do not know what you want to do.

The bottom line is that you are the wife of a EU (British) citizen. You can move to any EU member state (other than the UK) with little hassle. It is up to you to decide where that is. Bulgaria is fine. Spain is fine. Germany is fine. Finland is fine.

Or you can continue to be resident in Morocco if you so wish.

Your husband might have worked in Spain (or in another EU member state). If so you can also move to the UK on the same basis as to other EU member states.

anfarose
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Post by anfarose » Sun Aug 11, 2013 8:58 am

Well yes i can understand that it can seem confusing, it is for me too.
My husband wanted to invest first in Spain and that was the most important project but he was disappointed for many reasons, so now he thinks about other destinations including Bulgaria and Morocco, although he would prefer still a European country... so meanwhile we work out the best place and what offers we can get, we have to deal with administrative hassle just to obtain visas and be able to travel together in Europe.

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Post by EUsmileWEallsmile » Sun Aug 11, 2013 9:27 am

The directive 2004/38/ec is designed to make moving to another EU country as simple as possible for EU citizens. In theory, amongst other things, it is meant to eliminate complicated administrative formalities.

anfarose
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Post by anfarose » Sun Aug 11, 2013 9:47 am

that's also what i thought, but i guess there is a difference between the theory and its application.
as i'm on maternity leave, it's the first time i try to prepare a visa through the fact that i'm EU family member, until now i always did it through my professional activity... i used to pay maybe much more and provide more evidences but at least i had a better treatment from the consulates and less hassle.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Aug 11, 2013 12:29 pm

Do you wish to remain resident in Morocco, and just visit?

Or would you prefer to be where your husband is?

anfarose
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Post by anfarose » Sun Aug 11, 2013 2:21 pm

for sure i will always support my husband in his projects and follow him wherever he thinks it's the best for our family, but for now i have no other choice than stay in Morocco till he sorts that...

The only reason now we want to go to spain is as to visit his parents, and spend time with them and i'll go back again to Morocco before the end of the visa as i always did until now.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Sun Aug 11, 2013 3:45 pm

There is no need to go back to Morocco if you wish to remain with your husband. On the other hand if you desire to live in Morocco, then you are also under no obligation to live in Europe.

I will put it another way: You can choose to be in Europe very easily. You could likely be there in a week. Or you can choose to remain in Morocco.

The choice is 100% up to you! You have a right to be in Europe with your husband if you desire.

anfarose
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Post by anfarose » Sun Aug 11, 2013 5:05 pm

for now we spend some months in Morocco and some months in Europe.
so until we get the residency sorted, i need a visa as to be able to travel from Morocco to Europe and see my family sometimes.

for the Moroccan authorities, if you don't have a visa or residency in your passeport you are not allowed to travel to europe, and i would suppose some european authorities also don't know the EU laws, my last experience with the spanish consulate made me realise this...

anfarose
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Post by anfarose » Fri Aug 16, 2013 5:07 pm

We got a call this morning from vfs and we went to take the visa, at last after one month of hassle.
we misssed the date we wanted to travel on (the 15 of august)... the visa will start only on the 20 of august... but at least we got it and luckily we didn't book any flight yet.

well i just wanted to inform you and thank particularly Directive/2004/38/EC and EUsmileWEallsmile again for your precious advices.

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Post by EUsmileWEallsmile » Fri Aug 16, 2013 6:24 pm

anfarose wrote:We got a call this morning from vfs and we went to take the visa, at last after one month of hassle.
we misssed the date we wanted to travel on (the 15 of august)... the visa will start only on the 20 of august... but at least we got it and luckily we didn't book any flight yet.

well i just wanted to inform you and thank particularly Directive/2004/38/EC and EUsmileWEallsmile again for your precious advices.
That's good news.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Aug 16, 2013 11:29 pm

Please complain loudly! They should have issued the visa quickly and with no hassle.

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