Cyprus and EU law

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Cyprus and EU law


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Old 13th August 2013, 06:30 AM
Vegaanders
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Default Cyprus and EU law

Some threads on this forum is about Residence permit for no EU family members and how Cyprus many time break the EU law, that is also Cyprus law. Because we now have personal experience I will just add some comments from the EU.

It is always possible to get EU help if something violate EU law. The first instance is SOLVIT. But it is important to say that it is SOLVIT in your home country that should be contacted, not in Cyprus. SOLVIT then contact Cyprus to sort the problem out. All this should happen within 10 weeks from application day.

Our problem was about my wifes Residence Card. My yellow slip was granted in one day, and my wifes should be sent by post from Nicosia. We paid 20 euro each for the application.

After 8 weeks a paper from immigration in Nicosia arrived with demands for additional papers. health insurance for my wife, employment contract or proof of funds to live on. When I called and explained this is not correct the clerk just said that if I don't get this papers I will not grant a Residence Card.

So I contacted EU to get an advice about problem and below is the most important parts of the answer that can be as guidance for others.

"The Cypriot immigration authorities are violating EU law by imposing excessive requirement for issuing your wife with a residence permit. We strongly suggest that you contact the SOLVIT network who should be able to help (see below for their contact details).

In particular, if you are currently working in Cyprus, then, pursuant to EU law (Directive 2004/38 on the right of EU citizens and their family members to move and reside freely in the EU) your wife should normally be issued with a Residence Card of a Family Member of an EU citizen within 6 months of her application.

All the authorities should have requested to see in her case is:
1. a valid passport;
2. your marriage certificate or other proof that you are married; and
3. your registration certificate.

This list is exhaustive, i.e this is all the immigration authorities can ask in your wife’s case. As long as you yourself are working in Cyprus, the immigration authorities should not be asking your wife for proof of adequate health insurance, an employment contract, or show bank statements that you have enough funds to live on. According to the above EU Directive, the authorities can only require proof of health insurance and proof of sufficient resources from EU citizens and their family members in the event where the EU citizen does not work. If you are working, even if your are self employed, no health insurance or proof of sufficient resources should be required from your wife for the issuance of a residence card to her. "

3 documents is needed. Nothing more

The next part is even more interesting

"It is also important to note that your and your wife’s right to reside in Cyprus does not depend on any document issued by the Cypriot authorities. EU law is clear on the fact that residence cards are not constitutive but merely evidential of EU citizens’ and their family members’ rights (This is stated in Article 25 of Directive 2004/38 and has been also made clear also by the Court of Justice of the EU on several occasions, e.g. Cases C-85/96 Martinez Sala, (par. 53) and C-215/03 Oulane (par. 17-18)). What gives her the right to remain in Cyprus is your lawful residence there and her family relationship to you. As long as she can prove this she is lawfully resident in Cyprus. "

This means that no Residence card is really needed

SOLVIT in Sweden will now take on the case

Hope this can help somebody
Anders


Last edited by Vegaanders; 13th August 2013 at 06:32 AM. Reason: typo
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Old 13th August 2013, 08:15 AM
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As this information is important to many people who are being messed about by the Cypriot authorities Iwill make this post a sticky for a while.

Veronica

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Old 13th August 2013, 08:28 AM
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Originally Posted by Veronica View Post
As this information is important to many people who are being messed about by the Cypriot authorities Iwill make this post a sticky for a while.

Veronica
Thank You Veronica, I will update it with news.

The important thing for others is to do the application, pay the 20 euro p.p and keep the receipts somewhere safe. With this done you have already the right to stay.

Anders

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Old 13th August 2013, 01:00 PM
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Quote:
Originally Posted by Vegaanders View Post
Thank You Veronica, I will update it with news.

The important thing for others is to do the application, pay the 20 euro p.p and keep the receipts somewhere safe. With this done you have already the right to stay.

Anders
Where do you get this application done, Anders? Thanks for the *VERY* informative post!
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Old 13th August 2013, 01:33 PM
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Where do you get this application done, Anders? Thanks for the *VERY* informative post!
In the local immigration office. We did it in Limassol because we live in Pissouri. There is one in every district.

Anders
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Old 13th August 2013, 01:36 PM
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Thanks!!

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Old 13th August 2013, 01:37 PM
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Also, I noticed some comments all over the web mentioning birth certificates - are these still required?
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Old 13th August 2013, 01:47 PM
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Also, I noticed some comments all over the web mentioning birth certificates - are these still required?
I think they are for your children, stating the parents name

Anders

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Old 16th August 2013, 11:10 AM
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Nice bit of research, Anders. Well done

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Old 16th August 2013, 12:56 PM
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Nice bit of research, Anders. Well done
This paragraph 25 is interesting.

part 1 states that no documents is needed to prove your rights to be in Cyprus.

Number 2 say

All documents mentioned in paragraph 1 shall be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents.

20 euro I paid

Anders

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