Moving to Malta with my Non-EU Spouse (Visa Questions)

No one asked if my husband is or was an asylum seeker and no stamp or any such thing appeared in his passport to indicate that he formerly was.  I simply mentioned it here to enhance the dialogue. 

The boarding agent at Air Malta checking documents simply asked where his Shengen visa was when he presented his passport. With the officially translated, certified marriage certificate he was allowed to board the flight with no visa, and in fact, he still doesn't have a visa, although he now has a Maltese residence card. 

In fact, no one in Malta bothered us at all when we landed here.  The check was done at the Air Malta flight terminal in Vienna. When we got to Malta we just walked out of the airplane and outside the terminal.

StrangerInMalta wrote:

No one asked if my husband is or was an asylum seeker and no stamp or any such thing appeared in his passport to indicate that he formerly was.  I simply mentioned it here to enhance the dialogue. 

The boarding agent at Air Malta checking documents simply asked where his Shengen visa was when he presented his passport. With the officially translated, certified marriage certificate he was allowed to board the flight with no visa, and in fact, he still doesn't have a visa, although he now has a Maltese residence card. 

In fact, no one in Malta bothered us at all when we landed here.  The check was done at the Air Malta flight terminal in Vienna. When we got to Malta we just walked out of the airplane and outside the terminal.

Ahhhhh the boarding agent!!!!!  Nosy and curious and absolutely haughty.
Since you were travelling within the Schengen zone so no requirement for visa or even passport and there was no requirement to show your marriage certificate etc.
Time and system has changed but these agents are still stuck in that era.
You might have noticed that you didn't pass through any passport immigration check.

Lets just imagine for a while,  if you would be travelling from Russia or Ukraine or Romania  or Tunisia or even UK.  than it would be impossible to board the plane. Why? Because there would be a passport immigration check required and there flashing the marriage certificate translated or certified or otherwise wouldn't work.
The only thing that will let through at that moment is a valid visa.

So the conclusion is no visa no Malta.  Sad though!!!!!

You may be right in some instances.  Not all the boarding agents have been trained.  However, case law is built up by people who have tried and who the system has failed, and those people have then gone on to do something about it. That's how differences in interpretation are resolved and precedents are set.

BUT, the law is there.  You should be able to do it.

Stranger, it's interesting interpretation, but still: they started the question from the 'movement within Europe' and then tried to expand it to external borders. I am not sure it's applicable when Russian wife married UK citizen try to enter Schengen Area in Germany to fly to Malta

Anyway, the boarding clerk would not check any ECJ or other documents. He/She just opens Timatic and looks for requirements. If it says 'visa' - you need visa

Yes, it makes sense that when TCN married EU citizen apply for a visa, he/she received it quickly and without any additional fees/documents. But I would not be so self-confident to go boarding to Russia-Germany airplane without visa

Hi everyone!

Just contacted the Maltese Consulate in Moscow, they confirmed that all we need is passports, marriage certificate and proof of travelling together, and that the visa is free.

Spiridonov, we don't plan on entering Germany, it's just a matter of transferring through it  (no border checks in transit).

do you need to get the visa in Russia, or can you get it on arrival in Malta ?

georgeingozo, my wife has to get the visa in Russia (because she is in Russia right now, you could probably get this visa in UK if you are already there, I don't really know).

According to the directive one technically can travel without a visa (and get visa on arrival), but we just don't want the additional headache of arguing with staff if it comes to that (boarding planes and entry clearance).

http://eur-lex.europa.eu/LexUriServ/Lex … 123:en:PDF
"5.4. Where a Union citizen, or a family member who is not a national of a Member State, does not
have the necessary travel documents or, if required, the necessary visas, the Member State
concerned shall, before turning them back, give such persons every reasonable opportunity to obtain
the necessary documents or have them brought to them within a reasonable period of time or to
corroborate or prove by other means that they are covered by the right of free movement and
residence."

From the Maltese Subsidiary Legislation 460.17 FREE MOVEMENT OF EUROPEAN UNION NATIONALS AND THEIR FAMILY MEMBERS ORDER
http://www.justiceservices.gov.mt/Downl … =11755&l=1
II.2.
"Provided further that the Principal Immigration Officer
shall give every reasonable opportunity to a Union citizen or a
family member who is not a national of a Member State and who
does not have the necessary travel documents available, to obtain
the necessary documents or have them brought to him or to
corroborate or prove by other means that he is covered by the
provisions of Part II of this Order."

kenkenif wrote:

Hi everyone!

Just contacted the Maltese Consulate in Moscow, they confirmed that all we need is passports, marriage certificate and proof of travelling together, and that the visa is free.

Spiridonov, we don't plan on entering Germany, it's just a matter of transferring through it  (no border checks in transit).

Exactly as I explained above. It's better to receive visa in Russia as family member without any hassles than get any issues on the border.

Technically, your wife will do enter Germany. She will cross the schengen border in German airport and then go to Germany-Malta flight without borders. The flight from outside EU (Russia) to EU (Germany) cannot be sorted as 'transit' or 'non-transit' - she will receive stamp in the passport in Germany, not in Malta.

My wife has been travelling to UK frequently via Germany for the past few years she arrives in the transit area and there is no immigration. Transit is considered international ground, the airport staff just check you have a valid visa for your next destination.

She will just put Germany as first port of entry and Malta as destination.

kenkenif: Pleased to hear that the Maltese Embassy/Consulate was able to help, regardless of which country you approached them in - we have always found them to be very helpful regarding our own visas over a travel period of 5 years to Malta before we became British citizens and were holding non EU passports. They have also helped to sort out visas for friends and family visiting us here in Malta

kenkenif wrote:

My wife has been travelling to UK frequently via Germany for the past few years she arrives in the transit area and there is no immigration. Transit is considered international ground, the airport staff just check you have a valid visa for your next destination.

She will just put Germany as first port of entry and Malta as destination.

Yes, you are right. In Russia-Germany-UK flight it's a transit in Germany because your wife go from outside schengen area to outside schengen area via Germany. And her passport stamped in UK.

In Russia-Germany-Malta flight it's not transit. Your wife cross the border in Germany, get the stamp in the passport and then go where she wants (Germany, Malta, another schengen member state) without other visa formalities.

Spiridonov, thanks, I understand now.

The fact that my wife has to go through immigration in the first Schengen country changes things a lot. If we fly from different countries to meet in a Schengen country and she has to go through immigration without me, it wouldn't count as "accompanying EU spouse". I guess we'll have to meet up in a non-Schengen country first (thinking of flying to Turkey and taking a direct flight to Malta from there, or I'll just get a visa to Russia).

Yes, it's much better (but I would recommend Turkey, not Russia. Visa requirements for Russia is horrible).

And you should remember that the first 'border' you will cross is boarding clerk of the company providing the flight. First you have to convince him/her to register you for the flight. Then you cross the border in the departure country (usually - without any questions) and only then you cross the border in the arrival country (where you probably get some questions regarding visa etc)

The reason why boarding clerks are so awful with these visa requirements is: if you cannot cross the border in the arrival country, the company should send you back on their expenses.

Hi everyone! Just a quick update.
My wife received her Schengen visa for Malta today from the Embassy of Malta in Moscow.
What we included in her application:

copy of my passport
my wife's passport
copy of our marriage certificate
2 airline tickets
(also a copy of Directive 2004/38/EC, Consolidated Visa Processing Handbook with regards to family members of EU citizens, Malta Free Movement Order SL 460.17)

The VAC staff had no idea what we were talking about, kept reminding my wife she is Russian and has zero rights, but we asked them to proceed with the application. After the staff spent about an hour contacting the embassy, they accepted our application and my wife's visa was issued in 13 working days.

Hi kenkenif,

thanks for the info and update. That just the right kind of input we need to help answering future questions and goes to show that you always ( and especially when dealing with Malta) need to know the legal background yourself and not rely on what you are told.

Cheers
Ricky

hi how did you get on doing the ss route to malta because am in the same situation.Did you travel together or meet in transit?

spidergirl06 wrote:

hi how did you get on doing the ss route to malta because am in the same situation.Did you travel together or meet in transit?

You have replied to a very old post you will need to start a new topic.

I have a non-EU wife and want to bring her to live with me in Malta.  It seems to be a very tedious procedure looking through the Visa Application Centre's website, and not a little confusing.  Does anyone have recent experience of doing this? 
My wife is Ghanaian.

Hi Ricky,
Thanks for your valuable information.

In my case 
I am Turkish, My wife has two nationality Turkish and Ukraine.
We want to move to Malta from Thailand ( where we live now ).

How can we get one year visa ?
In Thailand my wife can get visa because of my child, and I can get because I am retired person with min 1000 USD income.

best regards