Surinder Singh on Schengen

Geebee1978 wrote:

Yes, Surinder Singh is for the UK and this was my original intention.

I'm assuming though, that I'd be eligible to apply for residency straight away and I'll be applying using the self-sufficiency method. Once I'm a Maltese resident, wouldn't my wife then be entitled to apply for it too as the spouse of an EU resident (not just citizen) and if so, could this be done regardless of what visa she actually entered on?

you are entitled to apply for self-sufficiency thats correct and your wife will be entitled to join you as a family member but she still needs the correct visa to enter Malta


if you were coming from another eu country then there would be no issue but because your not coming from the eu your wife will require the correct to enter malta

“C” category stands for a Short-term visa which allows its holder to reside in a Schengen Country for a certain period of time depending on the visa validity. This particular category, according to the holder’s purpose of the travel can be obtained in a form of:

    Single-entry visa allows its holder to enter a Schengen country only once for the certain period of time. Once you leave the certain Schengen country you entered the visa validity expires even if the time period allowed to stay in the country is not over yet.
    Double-entry visa applies for the same policy as above mentioned however you are allowed to enter the Schengen country twice meaning that for the certain period of time permitted by your visa you can enter the Schengen country, leave and enter again without any problems. Once you are out of the country for the second time the visa expires.
    Multiple-entry visa allows its holder to go in and out of the Schengen country as pleased. However this visa allows its holder to stay in a Schengen Zone for maximum 90 days within half the year, starting from the day one crosses the border between a Schengen member country and the non-Schengen member country.

Geebee1978 wrote:

I've been told by most embassies that the freedom on the Schengen visa isn't a problem. If I add more than one country to the application (they ask for first point of entry and destination as well as an itinerary if you have a few countries planned), they will simply issue the visa as a multiple entry.

thats possibly true but the visa is still only valid for 90 days in 6 month period so its really just for travelling

i will say this that it seems to be in malta what works for one doesnt neccsarily work for another  you have to just take a leap of faith and hope for the best

i would recommended the long term visa as it is likely to take more than 90 days to get a residence permit - however in terms of once your in malta she is entitled to the same rights as you so  as i say do with the information what you will

and please come back and tell us your experiences etc - its always interesting to find out what happens

Geebee1978 wrote:

Yes, the self-sufficiency route does require health care. I've been told by people on the island that as a UK citizen, I'd be able to obtain the Reciprocal Health Agreement (RHA) between Malta and the UK as would my wife and kids.

Matthew, yes the D visa is a longer visa for those who are studying of specific work purposes. I think the Austrians just want to put people off.

Agreed.

I'd try to secure work if you can before you come. In terms of health cover, yes you're covered no problem but I'd get the European healthcare card ordered now if I were you just so you have it. What I did was simply got a letter from my employer confirming employment, went to the hospital with my pregnant wife with our passports and marriage cert and hey presto she was registered as well. You must have started work though. Just to clarify, we did have comprehensive insurance to cover a 2 week gap at the beginning although no one ever asked for a copy of the policy.

And just to reiterate, don't worry about the Schengen expiring during the application process. 1. It probably won't take that long 2. If it does take longer, the rules are as long as you've applied and it's pending it doesn't matter.

I recommend joining this facebook page.... Eu freedom of movement destination malta. See you there. Loads of real world help and advice.

robpw2 wrote:

if you were coming from another eu country then there would be no issue but because your not coming from the eu your wife will require the correct to enter malta

Hi Rob

Can you please quote the legislation relating to this?

Directive 2004/38/EC
Chapter II — Right of exit and entry
Article 5 — Right of entry
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.

So basically, if you could get to the land border of the Schengen Zone, then you could *possibly* enter the EU WITHOUT a VISA. Obviously this would require crossing extreme distances and probably dangerous countries!

The reason that a VISA is required, is that the AIRLINES will not allow a non-EU citizen to travel to Europe, as they could be fined heavily and forced to return the passenger at their own expense

Further reading here:

https://eumovement.wordpress.com/2010/0 … to-travel/

The C visa is correct for the spouse of a EU citizen, and irrespective of how many days it "states" on the document, enshrined in LAW is the fact the an EU citizen and his non-EU spouse can stay in any EU country for 90 days:

Full details below:

Who is covered by Directive 2004/38/EC?

Citizens of an EU or EEA member state who visit, live, study or work in a different member state
The EU citizen’s direct family members, including their non-EU spouse and the spouse’s direct family members (such as children)
Other family members who are “beneficiaries”, including common law partners, same sex partners, and dependent family members, members of the household, and sick family members
Family members (as outlined above), where the EU citizen has worked in another member state and now wishes to return to their “home” country to work [Singh]


What is covered?

No-cost, easy, fast issue of visas
Easy right to stay for up to 90 days if so desired.  EU citizens and their non-EU family can work if desired in this period, or play.
Easy right to stay longer if the EU citizen is working, is a student, or has medical insurance and is self sufficient
Permanent residence after 5 years
Right of facilitated entry if passports have been lost, or if a visa has not been obtained
Applications can only be turned down in three limited circumstances (public health, public policy, national security), or when a marriage is determined to be fraudulent.  Reasons for refusal must be spelled out in detail and there is a right of appeal.
EU citizens and their non-EU family members can not legally be treated differently than citizens of their EU host country
https://eumovement.wordpress.com/directive-200438ec/
Further reading here: