sponsored by my Swiss partner?

Hi Pajarita,

things do not look that good for you !

Switzerland is not EU and do not even behave like that. For the question of visa's Switzerland is non-EU .Your partner is lucky that he has a visa for 1 year ?

Getting married will not help as that takes time and by then your visa will have expired. How long have they given you to leave Malta?

Your Swiss partner is not an EU citizen and getting married to him will not make you an EU citizen !

Your best option is probably Switzerland.

ricky wrote:

Hi Pajarita,

things do not look that good for you !

Switzerland is not EU and do not even behave like that. For the question of visa's Switzerland is non-EU .Your partner is lucky that he has a visa for 1 year ?

Getting married will not help as that takes time and by then your visa will have expired. How long have they given you to leave Malta?

Your Swiss partner is not an EU citizen and getting married to him will not make you an EU citizen !

Your best option is probably Switzerland.

sorry to but in but arent swiss nationals afforded the same freedom of movement and the right to live and work in europe as if they were an eu citizen? 

if her partner is working here for 4 years then he wont have a 1 year visa ..  perhaps im misreading something

Swiss citizens have rights of free movement and work permit in EU countries, as well as Switzerland and the UK. He could stay here as long as he wants.
They did not give me a specific date to leave the country, actually they told me that I could appeal or start the process again. What worries me most is the meantime between now and then, because technically I'm here illegally and going back to my country will be a hustle as well because the time spent here overcome the 180 days stipulated to my country.

No, he doesn't need a visa, but I do. (Under the Schengen agreement, travelling from one Schengen country to another is done without any passport and immigration controls or any other formalities previously required. However, the Schengen Area and the European Union are two completely different zones that shall not be misinterpreted.)

So, as a couple he could sponsor me (free transit and staying in Europe but not working), BUT as Switzerland is not a EU country I'm not quite sure if we're candidates for that exception.

Hi Pajarita,

Swiss nationals are allowed certain rights but are not EU nationals ! This will be relevant for certain other rights!

You will have to make sure that your visa is valid as once your visa becomes invalid ( overstaying)  you have exactly no rights anymore. I can confirm this from personal experience.

Having a partner from the EU ( not Switzerland) does not mean that you can apply for residency. You will have to have lived together in Malta for more than two years ( my personal experience !).

Cheers
Ricky

So, if I apply for an extension, or the sponsorship, or student visa or something, would that fix the problem?
I mean, is there some hope or should we move?
Because, happens that I'm here, my country has no embassy in Malta, Malta has no flights to my country, my blue paper is not valid abroad. 
How do I leave Malta now without been banned from Europe?
I'm pretty much trapped here!

Hi Pajarita,

yes, you are pretty much trapped here !

Did you arrive on a tourist 3 month Schengen visa ? There is no extension ! Being banned in MAlta means that you are banned in the whole of Europe - except Switzerland.

What ever you decide on , make sure your visa does not expire. If it does you can be lucky if you are allowed to leave Malta without problems.

Cheers
Ricky

Well, it's not my entire fault. I asked for a work permit and they made me a blue paper (8 months ago), then they delayed the answer and started making me extensions on my blue paper. 3 days ago they decided to deny my permit and that how this happened.
Now, I totally can explain that in Malta (everybody knows how the government offices work); but how am I supposed to explain that in Germany?
The office guy even advised me to not appeal the process but start a new one, and, how am I supposed to start a new one if I'm not legally here?
I can't go to Switzerland or England because of my visa.
They didn't ask me to leave, but I can't stay. I can't go, but I'm no allowed to live here.

Have you thought about going back to Costa Rica and then starting the process over again?
I'm sure you would be able to go; as in, not stop you leaving.

Surely if the EU / EEA national can prove a durable relationship with their partner for a period of 2 years or more - in this case the non eu national - whether married or not - they can be afforded their conferred EU/ EEA rights to stay as a family member... and thus be able to work too. I think they qualify.

There is a problem in interpretation here as if you have to have lived together for 2 years in Malta - how do you achieve that legally when you must apply for e-residency at 90 days.....id say it doesnt need to be in  Malta  - just prove 2 years or more of the durable relationship (how you do that in this case i dont know nor do i know what they will accept at the Home Affairs dept...) - then apply for both residency as a legitimate family member of an EU /EEA national/ spouse and thus gain the conferred rights to freedom of movement and work.

As I experienced myself it does actually boil down to you having to show that you lived together in Malta for the two years ie even having both names on the rental contract and so on.

Living together in another country for two years is the question of what proof they are willing to accept. They are very strict but it could be worthwhile to talk to the immigration department.

Cheers
Ricky

ricky wrote:

As I experienced myself it does actually boil down to you having to show that you lived together in Malta for the two years ie even having both names on the rental contract and so on.

Living together in another country for two years is the question of what proof they are willing to accept. They are very strict but it could be worthwhile to talk to the immigration department.

Cheers
Ricky

Morning Ricky - i wasnt doubting your experiences.... and the last comment is the way i would suggest going forward  - investigate this element of the processes.. It seems to me to be the answer or at least a way of working towards it.

Hi everybody,

Just to inform you that i have removed some off topic posts.

Thanks

Priscilla 

Hi Ricky,
I got my ID about 20 days after my post. It was very nice, I didn't have any kind of problem. My fiancee sent the letter explaining how he was able and willing to sponsor me. We sent about 15 dated pictures and FB screeshots and that was pretty much it.

Hi Pajarita,

thanks a lot for your feedback. Congratulations !

Just one question, under which category did you get residency and for how long?

Cheers
Ricky