non-EU spouse with EU citizen

Hi all
I have been doing research on what it takes to move to Malta and it looks easy for me as an EU citizen. The problem comes with bringing my partner with me who is from New Zealand.
From what I've found it seems that I have to apply for the residency first, I am not sure whether the 'ordinary' one or 'permanent' ? Once I have that she can apply as my spouse, which brings the question what evidences would we have to provide for her to be officially recognized as such since we're not married. I haven't found any details regarding this and I guess me just stating that she is my partner won't be sufficient.
We have been together for a couple of years but I'm afraid I don't have much evidence. In case this will be a problem, anybody has experience with getting the work permit for the entry level positions? She can look for a job while she is there in the 90 days visa-free period but do the companies even bother dealing with immigration for these positions (proving that maltese or eu citizens are not available) or they always prefer and have enough eu applicants?

Thank you very much for your replies

Me and my wife are not "legally" married and we use to take the residence some proofs like passport stamps with our travels together, air tickets receipts where I pay her ticket or she pay my ticket, the rental agreement on both names and so on.

Bring everything that you have to prove your long-term relationship. Without it, they can make your dream more difficult.

Luck!

@mirosko

Please see section 5 - ‘Supporting Documents’ for Family Members, including Partners - CEA Form F - Application for a residence permit submitted by an EU/EEA/Swiss National on the basis of Family Members.

Source: Page 3 -: https://identitymalta.com/wp-content/up … Form-F.pdf

thanks for the answers
I am looking at the Working Holiday Visa for NZ citizens at the moment, see http://www.expat.com/forum/viewtopic.php?id=651656

Hello Mirosko

Sorry I’m quite new in expat.com and I just came across your forum.

My partner and I are in the same situation as you and we are planning on applying for Ordinary Residence as Philippe is French and I’m a NZ citizen and we are not in a civil union.

I would really appreciate if you could please share your experience in obtaining a resident card for your partner.

We are taking the self sufficiency route.

My questions are:
1. Can we submit the application for resident card as soon as we arrive Malta? I’ve seen Fionn’s reply in another forum that this is possible and it’s not necessary to wait till the 90 days visa free has expired.

2. How long did your partner wait to receive her resident card? Were you allowed to leave the country while waiting for the card?

3. Do we need to show proof of permanent address of residence in Malta eg. residential lease agreement ? Most websites on visa application seems to mention this as a requirement but again, Fionn has advised in another forum that this is against the EU Free Movement treaty.

Thanks in advance for sharing.

Best regards
Enid

Please do not take too much notice of the EU laws that are quoted on here as most of the time they are ignored over here.

Thank you GozoMo.
It’s good to have forums in expat.com to hear first hand experiences and advices from experts like yourself.

Regards
Enid

@EnidLiew

Re: Excerpt from your comment -: '3. Do we need to show proof of permanent address of residence in Malta eg. residential lease agreement ? Most websites on visa application seems to mention this as a requirement but again, Fionn has advised in another forum that this is against the EU Free Movement treaty.

Thanks in advance for sharing.......'

Response:

Please note that according to the information available on the website of the Maltese Department of Citizenship and Expatriate Affairs and contrary to what is frequently suggested, there is NO requirement for a lease agreement / rental contract in respect of non-Maltese EU / EEA / Swiss citizens OR their non-EU family members applying for an ‘e-Residence Card’ / 'e-Residence Documentation' - in this regard, please see the website of the Maltese Department of Citizenship and Expatriate Affairs:

https://identitymalta.com/citizenships-expatriates/

Thank you Fionn.
You have been extremely helpful.

Would you be able to confirm if applicants for resident card submitted by Non-EU partner of EU citizen would be allowed to travel out of the country while waiting for the resident card to be issued?

Thank you.

Enid

EnidLiew :

Thank you Fionn.
You have been extremely helpful.

Would you be able to confirm if applicants for resident card submitted by Non-EU partner of EU citizen would be allowed to travel out of the country while waiting for the resident card to be issued?

Thank you.

Enid

Given the patent absurdity of the notion that non-EU family members of an EU national be ‘trapped’ in an EU Member State pending the receipt of documentation from the authorities, I recommend you seek advice and guidance from Christian Bulzomí, Legal Officer of Unit C/2 - Citizenship and Free movement, European Commission Directorate General Justice.

MO59 06/91 B-1049 Brussels/Belgium

Tel: +32 2 298 58 78

E-mail: christian.bulzomi[at]ec.europa.eu

EnidLiew :

Thank you Fionn.
You have been extremely helpful.

Would you be able to confirm if applicants for resident card submitted by Non-EU partner of EU citizen would be allowed to travel out of the country while waiting for the resident card to be issued?

Thank you.

Enid

Please note there is a difference between what Fiona says and what Malta actually do.

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