# Emigration for non-married partner (and her child) of EU citizen



## hip999 (Jul 24, 2011)

I am a UK citizen wishing to live in Cyprus. The problem is that I have a Filipino partner and she has a Filipino daughter. I can move to Cyprus and live there but I assume my partner and her daughter cannot enter Cyprus with me unless they have another entry route, such as my partner obtaining a Student or Work Visa. Am I correct? And what would be the situation regarding her daughter (who has a father in the Philippines); would the daughter be allowed as the dependent of my partner on a Work Visa (or other type of Visa)?
If I married my partner, would her daughter be classed as a dependant?
In August 2012 my partner can obtain an Unmarried Partner's Visa here in the UK as we will have lived together in a relationship 'akin to marriage' (even with the rows!) for two years ... but would that have any validity in Cyprus (or any other EU country)?
Any advice, further suggestion .... even on matters I have missed ... would be much appreciated.


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## Guest (May 16, 2012)

Hi!

The EU regulation that counts here talk about *Spouse*, and you need to show a marriage certificate.

If you do that your wife will then automaticly have the right to get a 5 year Residence permit and after 5 years she will get an unlimited one. The first 5 year permit is only valid as long as you are together but the second one is valid even if you get divorced

Her daughter will have the same right.

The 2-year Visa from UK will probably not change anything

You can read more here:

EU – Residence rights, non-EU spouses/children of EU nationals abroad - Your Europe

This is a little complicated and much is missunderstood but this is how it should work

This is all written in the EU Freedom of Movement Act from 01.05.2005

Hope this helps

Forgot before but this link is the official EU text

http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l33152_en.htm


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## hip999 (Jul 24, 2011)

An excellent reply and thanks very much.


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## cds usa (Jan 4, 2011)

Her daughter will have to have a written notorised permission from her father and her birth certificate for entry in the Uk, I'm not sure about Cyprus


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## Guest (May 17, 2012)

cds usa said:


> Her daughter will have to have a written notorised permission from her father and her birth certificate for entry in the Uk, I'm not sure about Cyprus


As she now is already in UK i dont think they bother anymore or go on the one for UK but is adviced to check ofc


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## cds usa (Jan 4, 2011)

Vegaanders said:


> As she now is already in UK i dont think they bother anymore or go on the one for UK but is adviced to check ofc


I didn't realize that, thanks! I travel alone with my children for holidays and I have been asked for those documents at Heathrow but not at Larnaca so who knows! The first time I didn't have them but they let me through anyway.


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## Karen and Dave (May 23, 2012)

hip999 said:


> I am a UK citizen wishing to live in Cyprus. The problem is that I have a Filipino partner and she has a Filipino daughter. I can move to Cyprus and live there but I assume my partner and her daughter cannot enter Cyprus with me unless they have another entry route, such as my partner obtaining a Student or Work Visa. Am I correct? And what would be the situation regarding her daughter (who has a father in the Philippines); would the daughter be allowed as the dependent of my partner on a Work Visa (or other type of Visa)?
> If I married my partner, would her daughter be classed as a dependant?
> In August 2012 my partner can obtain an Unmarried Partner's Visa here in the UK as we will have lived together in a relationship 'akin to marriage' (even with the rows!) for two years ... but would that have any validity in Cyprus (or any other EU country)?
> Any advice, further suggestion .... even on matters I have missed ... would be much appreciated.


Hi there,

After 3 years of law study with the OU I can finally use some of my knowledge!

The subject of free movement within the EU is quite complex and covered, in the main, by Article 21 and 45 TFEU and Directive 2004/38/EC. Although 2004/38 is secondary legislation it actually gives the clearest information / direction. The Directive lays down the conditions governing the free movement and residence within Member States by Union citizens and their family members. The area of the Directive that will be of interest to you is Article 3 - Beneficiaries. Article 3 (2)(b) states that:

Without prejudice to any right to free movement and residence the persons concerned may have in their own right, the host Member State shall, in accordance with its national legislation, facilitate entry and residence for the following persons: 

the partner with whom the Union citizen has a durable relationship, duly attested.
The host Member State shall undertake an extensive examination of the personal circumstances and shall justify any denial of entry or residence to these people.

The key point here is that you relationship is durable and duly attested. I would suggest in your case (not knowing all of the facts of course) that if the UK (a fellow Member State of the EU) is happy to issue an Unmarried Partner's Visa this would indeed amount to 'duly attested'. If Cyprus accept that your partner is covered by 2004/38 Article 3 (2)(b) then her daughter would also be automatically covered.

If you need any more in-depth information I can dig out some recent case law that will give you an idea of how the EU law can be interpeted by Member States.

The bottom line is all is not lost; I think (again, without all of the facts) that you would have a strong case with very little effort on your behalf.

Regards,

Dave


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## CanadianTraveler (Feb 23, 2010)

Be warned, while you are FULLY entitled to bring your wife here (and her child) the Cypriot government will drag its heels the entire process. Be prepared to be unable (well your wife/child) to travel for as long as a year. 

The immigration department does not like to pick up their phones even when ringing off the hook. When going through this myself...I called them every 2 minutes for 13 rings (before it cuts you off and you have to redial) from 9am until noon. I only got through three times and one of those times the woman was so confused she issued me a deportation notice for something that didn't have to do with our case.

I had to contact the Canadian consulate by fax in order to get any sort of progress made. Even they were frustrated by the immigration department. They ended up calling the head of all Immigration and aliens in Cyprus just to get someone to pick up a phone. My papers were issued the next day, over EIGHT months of issues but they mailed them to me that Monday.

Have the numbers of your consulate or embassy on hand, be prepped for a fight, know your rights as an EU citizen and do what they want by the book. Even if that means sitting with your banker three or four times to get a certified bank statement. Don't yell or get frustrated on the phone or in front of them, it makes it a lot harder to deal with them. They've a history of making issues over non-EU nationals. It's illegal but it doesn't stop it from happening.


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## Guest (May 27, 2012)

CanadianTraveler said:


> Be warned, while you are FULLY entitled to bring your wife here (and her child) the Cypriot government will drag its heels the entire process. Be prepared to be unable (well your wife/child) to travel for as long as a year.
> 
> The immigration department does not like to pick up their phones even when ringing off the hook. When going through this myself...I called them every 2 minutes for 13 rings (before it cuts you off and you have to redial) from 9am until noon. I only got through three times and one of those times the woman was so confused she issued me a deportation notice for something that didn't have to do with our case.
> 
> ...


I am sure that the above post can be true but there is also a lot of people that have gone thrue this process as it should be done and the Cyprus immigration has issued the permission without delay


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## CanadianTraveler (Feb 23, 2010)

Vegaanders said:


> I am sure that the above post can be true but there is also a lot of people that have gone thrue this process as it should be done and the Cyprus immigration has issued the permission without delay


That's definitely true, it just pays to be prepared to dig in your heels. Despite my paperwork being every ounce of what they wanted (even to the point of getting sections of it in duplicate) I was forced to involve solvit and the Canadian consulate. 

It's not what I expected when I applied, since under EU law my application was only a formality as they already proved the marriage was sincere and my husband's visa for here was 100% valid. If I had known how hard the fight would be, I would have taken more of the precautions needed.


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## Guest (May 27, 2012)

Yeah there is a difference between countries even if the EU law is the same.

When I came to Germany and wanted my wife to join me I wrote an invitation on 3 lines. She then got a 3 months Visa to Schengen and when she arrived we applied for her permission to stay. After 2 weeks she had a 5-year permission which is now automaticly changed to a unlimited.

We really came here because my homecountry Sweden refused to give her permission despite we appealed to the highest possible place. All because in that case application was from a Swede in Sweden which is handled using different swedish law.
This is also the same in all EU countries which in fact means that if you want to bring your wife living in your country of origin it is much harder.

And now I can go to Sweden with my wife and they cant refuse anymore, but now we will go to Cyprus instead. Sweden is dead for me becaise how they treated us

Anders


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## aqua3000 (Jun 16, 2012)

Vegaanders said:


> Yeah there is a difference between countries even if the EU law is the same.
> 
> When I came to Germany and wanted my wife to join me I wrote an invitation on 3 lines. She then got a 3 months Visa to Schengen and when she arrived we applied for her permission to stay. After 2 weeks she had a 5-year permission which is now automaticly changed to a unlimited.
> 
> ...


How long were you in Germany before you applied for a spouse visa? Did you have a job at the time in Germany? Also how long did it take to get your visa?


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## Guest (Jul 5, 2012)

Hi!

I applied directly I came. It was very easy. Knowing the Germans I asked in the immigration authority in the town where I lived about a form to fill in but she said there is no form. "Just write 3 lines on a paper that you are now in Germany and you want her to join you. Sign it and send it to her". Then She brought this paper to the German Embassy in Minsk and got a 3 month Schengen Visa directly. After she came we went to immigration department and filled in the application and 3 weeks later she had a 5 year permission to stay.

There is a BIG difference if you want to bring your spouse to your county of origin in EU. Then other rules that is country specific apply. We tried 3 years in Sweden without success. That really why we ended up in Germany


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## aqua3000 (Jun 16, 2012)

Vegaanders said:


> Hi!
> 
> I applied directly I came. It was very easy. Knowing the Germans I asked in the immigration authority in the town where I lived about a form to fill in but she said there is no form. "Just write 3 lines on a paper that you are now in Germany and you want her to join you. Sign it and send it to her". Then She brought this paper to the German Embassy in Minsk and got a 3 month Schengen Visa directly. After she came we went to immigration department and filled in the application and 3 weeks later she had a 5 year permission to stay.
> 
> There is a BIG difference if you want to bring your spouse to your county of origin in EU. Then other rules that is country specific apply. We tried 3 years in Sweden without success. That really why we ended up in Germany


My spouse is from a non-eu country so she cannot travel to Germany without a visa?? How does that work? Would I need to be living in Germany for few months and then apply for a visa for my spouse??


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## Guest (Jul 5, 2012)

I lived 2 weeks before I sent the invitation to my wife, she is belarussian so also non-EU

So if you go to germany you should be able to do the same. However you need to have a job there or a lot of Euro in the bank


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