Cyprus non-EU spouse of EU citizen late filing residency woes

[Gersemi]

Myself (Dutch citizen) and my husband (US citizen) moved to Cyprus in late May 2022 to enjoy the beaches and run our business here. Aware of our duty to register within 3-4 months for residence we attempted to use Cyprus' online portal multiple times to get an appointment, and the portal did not function. We also tried contacting the relevant authorities repeatedly by phone but nobody ever picked up.

By December we were getting very nervous and contacted a service to help us get an appointment. This service asked us for all sorts of paperwork, including a criminal background check for my US citizen husband which is extremely hard to get, and said we had to get apostilles on all of our documents, even my EU documents. By the time we got these documents our rental lease had expired and the landlords, who were in divorce proceedings, repeatedly strung us along on renewing the lease.

Finally in May or June of 2023 we at least had all the documentation for my application. I signed the application and gave it to the service who, to my knowledge, should have filed it at that point. Later, in September or August, my husband managed to get an apostilled criminal background check which was clean. He notified the service, which told him to wait. Assuming we were waiting for my residency to clear we waited. He contacted them again in December 2023, nervous about the criminal background check expiring and was told to wait.

Then, last week, we were informed that not only had they not filed any paperwork (including mine), they required me to renew my passport (valid until April 24, 2024) and needed a new criminal background check from my husband, and a new lease which had once again expired. They also informed me if we filed for residency my husband's application would likely be rejected and he will be asked to leave the country for as many days as he stayed past the initial 90 days visa waiver he is entitled to as an American. For clarity, I think these requirements are coming from the service we had chosen to interface with the Cyprus government on our behalf, I am not sure they have even initiated the process of filing for residency.

I have since done much research into EU freedom of movement (Directive 2004/38/EC) as well as Cyprus regulations regarding this. I have found criminal background checks are not required (and maybe not even allowed to be asked for), EU documents (and potentially most of our documentation) do not need any apostille, and that he cannot be expelled simply for filing late. The Civil Registry and Migration Department website lists the penalty for not filing for a residence card for family members of non-Cypriot EU nationals as a financial penalty up to €2,500.

It is my understanding that as I am an EU citizen enjoying my rights to freedom of movement, my husband also counts as being here under freedom of movement for the duration, and cannot be denied residency for applying late, as applying for residence is an administrative matter. He also cannot be asked to leave while he is with me, and an entry ban cannot be put on him simply for filing late or not filing at all. Is my understanding in this matter correct?

Further, this experience has really soured us on Cyprus and we would very much like to pack our things and leave. Should we decide to leave together, will we face trouble at the border? We have multiple copies of our US marriage license including with apostille for Netherlands and Cyprus, and when I renew my passport I will put his last name on my Dutch passport as further proof of the relationship. We wish to fly to Germany and then house sit for friends for 60 days before traveling onward and settling in Portugal instead. Will he face detainment or other repercussions at the border if he is traveling with me? Can he be denied residency in Portugal due to not filing in Cyprus (despite our best attempts?)

[Angel99]

Myself (Dutch citizen) and my husband (US citizen) moved to Cyprus in late May 2022 to enjoy the beaches and run our business here. Aware of our duty to register within 3-4 months for residence we attempted to use Cyprus' online portal multiple times to get an appointment, and the portal did not function. We also tried contacting the relevant authorities repeatedly by phone but nobody ever picked up.

By December we were getting very nervous and contacted a service to help us get an appointment. This service asked us for all sorts of paperwork, including a criminal background check for my US citizen husband which is extremely hard to get, and said we had to get apostilles on all of our documents, even my EU documents. By the time we got these documents our rental lease had expired and the landlords, who were in divorce proceedings, repeatedly strung us along on renewing the lease.

Finally in May or June of 2023 we at least had all the documentation for my application. I signed the application and gave it to the service who, to my knowledge, should have filed it at that point. Later, in September or August, my husband managed to get an apostilled criminal background check which was clean. He notified the service, which told him to wait. Assuming we were waiting for my residency to clear we waited. He contacted them again in December 2023, nervous about the criminal background check expiring and was told to wait.

Then, last week, we were informed that not only had they not filed any paperwork (including mine), they required me to renew my passport (valid until April 24, 2024) and needed a new criminal background check from my husband, and a new lease which had once again expired. They also informed me if we filed for residency my husband's application would likely be rejected and he will be asked to leave the country for as many days as he stayed past the initial 90 days visa waiver he is entitled to as an American. For clarity, I think these requirements are coming from the service we had chosen to interface with the Cyprus government on our behalf, I am not sure they have even initiated the process of filing for residency.

I have since done much research into EU freedom of movement (Directive 2004/38/EC) as well as Cyprus regulations regarding this. I have found criminal background checks are not required (and maybe not even allowed to be asked for), EU documents (and potentially most of our documentation) do not need any apostille, and that he cannot be expelled simply for filing late. The Civil Registry and Migration Department website lists the penalty for not filing for a residence card for family members of non-Cypriot EU nationals as a financial penalty up to €2,500.

It is my understanding that as I am an EU citizen enjoying my rights to freedom of movement, my husband also counts as being here under freedom of movement for the duration, and cannot be denied residency for applying late, as applying for residence is an administrative matter. He also cannot be asked to leave while he is with me, and an entry ban cannot be put on him simply for filing late or not filing at all. Is my understanding in this matter correct?

Further, this experience has really soured us on Cyprus and we would very much like to pack our things and leave. Should we decide to leave together, will we face trouble at the border? We have multiple copies of our US marriage license including with apostille for Netherlands and Cyprus, and when I renew my passport I will put his last name on my Dutch passport as further proof of the relationship. We wish to fly to Germany and then house sit for friends for 60 days before traveling onward and settling in Portugal instead. Will he face detainment or other repercussions at the border if he is traveling with me? Can he be denied residency in Portugal due to not filing in Cyprus (despite our best attempts?)

Hi,

You should have made abit research before moving to Cyprus-EU. This country is known to disregard EU laws. The authorities even make it difficult for EU citizens themselves.

You were not required to provide criminal certs or any other documents apart from your passports or EU I.D, marriage certificate and proof of income. It's written on their government website.

https://www.moi.gov.cy/moi/CRMD/crmd.ns ... enDocument


Since your husband is already in EU the 90/180days does not apply, he also has visa waiver so i doubt tjere will be questions asked at the airport. You and him can move to another EU country. Just make sure you have your marriage certificate if not issued by EU, apostiled.

[Gersemi]

You should have made abit research before moving to Cyprus-EU. This country is known to disregard EU laws. The authorities even make it difficult for EU citizens themselves.

In our defense we were trying to flee the US before the American right wing came after people like me (I'm trans) and about a year after we left the state we used to live in banned doctors from giving me medically necessary treatment.

Since your husband is already in EU the 90/180days does not apply, he also has visa waiver so i doubt tjere will be questions asked at the airport. You and him can move to another EU country. Just make sure you have your marriage certificate if not issued by EU, apostiled.

Does it matter what country it is apostilled for? We have Cyprus and Dutch. His last name will also be on my passport to indicate our marriage.

[Angel99]

You should have made abit research before moving to Cyprus-EU. This country is known to disregard EU laws. The authorities even make it difficult for EU citizens themselves.

In our defense we were trying to flee the US before the American right wing came after people like me (I'm trans) and about a year after we left the state we used to live in banned doctors from giving me medically necessary treatment.

Since your husband is already in EU the 90/180days does not apply, he also has visa waiver so i doubt tjere will be questions asked at the airport. You and him can move to another EU country. Just make sure you have your marriage certificate if not issued by EU, apostiled.

Does it matter what country it is apostilled for? We have Cyprus and Dutch. His last name will also be on my passport to indicate our marriage.

All documents certified by the secretary of State in USA is valid in EU. USA is a party to apostille convention. You don't need to legalise/apostille it in every embassy.

The document must be certified in the States before legalised at embassies. I believe you already did it since you have it for Cyprus and Nederlands.

It will be good to update your passport with his last name. Sometimes It waives the need for marriage certificate to prove your relationship.

[ALKB]

You should have made abit research before moving to Cyprus-EU. This country is known to disregard EU laws. The authorities even make it difficult for EU citizens themselves.

In our defense we were trying to flee the US before the American right wing came after people like me (I'm trans) and about a year after we left the state we used to live in banned doctors from giving me medically necessary treatment.

Since your husband is already in EU the 90/180days does not apply, he also has visa waiver so i doubt tjere will be questions asked at the airport. You and him can move to another EU country. Just make sure you have your marriage certificate if not issued by EU, apostiled.

Does it matter what country it is apostilled for? We have Cyprus and Dutch. His last name will also be on my passport to indicate our marriage.

Just make sure that you do a bit of research on the country you will be moving to, while EU freedom of movement is child´s play compared to regular immigration rules, you still both have to comply with local laws that apply to all residents including citizens of your host country. So, check what you need to do (registering residence, enrolling in the national health care system, etc.) for both you and your business (social contributions, tax, licences, etc.)

If your new host country is more organised than Cyprus in this regard you don´t wnt to get caught out and end up in a clinch with their financial authority or similar.

If a web site is not working, you may have to physically travel to a government office to get things done rather than wait for months to get the web site fixed and let deadlines lapse in the meantime.

[Angel99]

To addup to the advise ALKB gave, you do not need to do your Anmeldung (Residence registration) in Germany since you will be there for less than 3 months. Your husband is not required to apply for Aufenthatskarte-EU. He also has right to be there 3 months with no conditions.

When you move to Portugal, you and your spouse have right to be there 3 months without conditions. If you plan to be there for more than 3 months, you the EU citizen have to apply for Certificado de Registo para Nacionais UE before 3 months.

Your husband has to apply Cartão de Residência para Familiares de Nacionais UE at the offices of the SEF.

****You will need proof of income ( employment or sufficient funds) to finalise your residency and your husband's.

If you or your husband doesn't have the above documents yet within the 3 months period or having problems making appointments to apply for the above documents, this what the Portuguese gov website says;


"Your right to free movement, as a national or family member of a European Union national, derives directly from the EU Treaties. Therefore, no body can require you to have a residence permit, all you need to do is prove your European Union nationality or your status as a family member of a European Union national, as the case may be, through any legally admissible means of proof, for example, certificates. of Birth or Marriage, or proof of de facto union, among others (see article 21 of Law no. 37/2006, of 9 August)."

[ALKB]

To addup to the advise ALKB gave, you do not need to do your Anmeldung (Residence registration) in Germany since you will be there for less than 3 months. Your husband is not required to apply for Aufenthatskarte-EU. He also has right to be there 3 months with no conditions.

When you move to Portugal, you and your spouse have right to be there 3 months without conditions. If you plan to be there for more than 3 months, you the EU citizen have to apply for Certificado de Registo para Nacionais UE before 3 months.

Your husband has to apply Cartão de Residência para Familiares de Nacionais UE at the offices of the SEF.

****You will need proof of income ( employment or sufficient funds) to finalise your residency and your husband's.

If you or your husband doesn't have the above documents yet within the 3 months period or having problems making appointments to apply for the above documents, this what the Portuguese gov website says;


"Your right to free movement, as a national or family member of a European Union national, derives directly from the EU Treaties. Therefore, no body can require you to have a residence permit, all you need to do is prove your European Union nationality or your status as a family member of a European Union national, as the case may be, through any legally admissible means of proof, for example, certificates. of Birth or Marriage, or proof of de facto union, among others (see article 21 of Law no. 37/2006, of 9 August)."

Ah, yes, sorry. I meant to keep it more general as plans don´t seem to be set in stone.

A 60 day stay in Germany would be a touristic one, so no residency rules to follow but for others who may read this at some time, there are several countries in the EU that require registration with the authorities, for example.

Just make sure you find out how everything in Portugal works.

You might also want to know that there is a bit of negative sentiment in certain areas of Portugal when it comes to those who are perceived as "rich" foreigners moving in, driving up rental and property prices. This has led to recent and announced future changes in legislation, like closing NHR tax status for new applicants.