# Cyprus and EU law



## Guest (Aug 13, 2013)

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


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## Veronica (Apr 5, 2008)

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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## Guest (Aug 13, 2013)

Veronica said:


> 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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## mdekkers (Jul 3, 2013)

Vegaanders said:


> 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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## Guest (Aug 13, 2013)

mdekkers said:


> 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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## mdekkers (Jul 3, 2013)

Thanks!!


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## mdekkers (Jul 3, 2013)

Also, I noticed some comments all over the web mentioning birth certificates - are these still required?


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## Guest (Aug 13, 2013)

mdekkers said:


> 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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## MartynKSA (Aug 7, 2011)

Nice bit of research, Anders. Well done


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## Guest (Aug 16, 2013)

MartynKSA said:


> 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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## Guest (Sep 24, 2013)

Quicker then expected I can now report the result of my SOLVIT complain.

The 13th of August I filed the complain with SOLVIT Sweden. After this we got another paper from the same woman in Nicosia telling that if we did not provide the list as before, the residence card for my wife should not be granted and she should have to leave the country. 

Today the 24 th of September I got an email from SOLVIT Sweden that stated that the Residence card was issued and a copy was attached.

So it took six weeks to sort it out.

And only papers needed were the three mentioned before in this thread.

So if someone have the same problem, just don't let them scare you. You will get the residence permit


Anders


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## Guest (Sep 27, 2013)

gone


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## pambvb (Aug 21, 2010)

Thank you for this very informative post.

I am a newbie to post in this forum. Ive been searching out and about regarding moving to cyprus as my husband will be stationed in Limassol company branch from Dubai.

My husband and I will be moving to Cyprus on 1st of March from Dubai. We are residence here in dubai for 4 yrs now and our residence visa will end on feb . I am from Philippines and my husband is from Denmark. The company says they will take care of my visa processing, etc.. But i am still interested to know about processing my visa as a non EU spouse of an EU citizen...

Ive been reading the thread about Non EU spouse visa in cyprus, and it sounds a little bit complicated and scary as i dont want to go through the nightmare of coming in and out ( from cyprus to Phil vice versa)


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## Mac512 (May 29, 2014)

Hi i posted a new thread regarding this before seeing this apologies 

I have exactly the same problem regarding my wife they are asking for a truck load of documents in Paphos

On this subject if we make application for a residence permit and cannot comply 

Eg the marriage cert is here but they want it apostatized in Ukraine can my wife stay while sorting this mess out 

If she just stays under the Eu directive for 6 months what happens when we leave


Thanks Mac


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## wizard4 (Feb 3, 2013)

So having met the criteria being 65 what are the other legal requirements for permanent residence in Cyprus and have they been known to reject an application 
Cheers


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## Veronica (Apr 5, 2008)

wizard4 said:


> So having met the criteria being 65 what are the other legal requirements for permanent residence in Cyprus and have they been known to reject an application
> Cheers


As an EU citizen you have the right to live here. The only criterior is that you have enough income to support yourself. Presumably you will have a state retirement pension and that will be enough as far as the Cyprus government are concerned.

Veronica


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## wizard4 (Feb 3, 2013)

Thanks Veronica yes I will have that and private pension as well 
Cheers


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## Veronica (Apr 5, 2008)

No problem at all then


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## Baywatch (Mar 30, 2014)

Mac512 said:


> Hi i posted a new thread regarding this before seeing this apologies
> 
> I have exactly the same problem regarding my wife they are asking for a truck load of documents in Paphos
> 
> ...


It is really the application that is important. According to EU law your wife has an automatic right to stay here if you have the right. So when you apply for her yellow slip you should get a receipt for the fee. Then it can take as long as necessary to get her yellow slip.

I have had same problems with them and in the end used SOLVIT to get them to comply with EU rules.

Make some more posts, and then I will send you some more info as PM


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## Mac512 (May 29, 2014)

Hi just seen the post on this thread 


sorry if i am crossing everyone's wires 

So it looks OK 

go to the meeting present what we have and then go through the procedure whatever that may be either

A. obtaining the docs the immigration people ask for 

or 

B. going down the solvit route/EU directive 


During that time she can stay while its resolved . ?

Regards


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## Meenotyou (May 26, 2014)

I am not an EU citizen so I looked this up out of curiosity in reply to another thread. I am someone who does a lot of research in my professional capacity so I am constantly doing similar research. I hope I am not offending anyone by joining the conversation as a non-EU national, i.e. an outsider.

Also, please note that I do not mean to be confrontational and I hope that is not how I am perceived. I am merely trying to constructively contribute to this discussion.

Below is information on *Directive 2004/38/EC * taken from websites which attempt to simply the Directive.

Full text of the Directive can be found here: http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF. Note - Articles 5 to 11 are the relevant ones to this discussion tho I will cite Article 25 below as well. Articles 2 & 3 provide legal definition of and beneficiary (legal family member status) and are cited often in Articles 5-11. 

_________________

Right of Union citizens and their family members to move and reside freely within the territory of the Member States

*Right of residence for more than three months:*

The right of residence for more than three months remains subject to certain conditions. Applicants must:

-either be engaged in economic activity (on an employed or self-employed basis);

_-or have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay. The Member States may not specify a minimum amount which they deem sufficient, but they must take account of personal circumstances;
_
-or be following vocational training as a student and have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay;

-_or be a family member of a Union citizen who falls into one of the above categories._

Residence permits are abolished for Union citizens. However, Member States may require them to register with the competent authorities within a period of not less than three months as from the date of arrival. Proof of registration will be issued immediately on presentation of:

-an identity card or valid passport;
-proof that the above conditions are complied with (see Article 9 of the Directive on the proof required for each category of citizen). Union citizens engaged in training must show, by means of a statement or any other means, that they have sufficient resources for themselves and for the members of their families to ensure that they do not become a burden on the social services of the host Member State. This will be sufficient to prove that they comply with the resources condition.

Family members of Union citizens who are not nationals of a Member State must apply for a residence permit for family members of Union citizens. These permits are valid for five years from their date of issue.

Under certain conditions the death of the Union citizen, his or her departure from the host Member State, divorce, annulment of marriage or termination of partnership does not affect the right of family members who are not nationals of a Member State to continue residing in the Member State in question.

*Restrictions on the right of entry and the right of residence on grounds of public policy, public security or public health*

Union citizens or members of their family may be expelled from the host Member State on grounds of public policy, public security or public health. _Under no circumstances may an expulsion decision be taken on economic grounds._

_________________

This is from another website:

_________________

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._

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.

_________________


_Although the aforementioned provides three simplified conditions for the EU member, and family members of the EU national, to obtain residence beyond 90 days, if you read the actual Directive, it does state that: An EU member undergoing professional training (more specifically "following a course of study, to include vocational training, through a public or private establishment, accredited or financed through the host member state) must also have health (sickness) insurance._



Vegaanders said:


> 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;
> ...


Continued in next post...


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## Meenotyou (May 26, 2014)

...continued from previous post:

Completely agree but notice Anders states 'if you (the EU national) are working'. They (Cyprus) may request to see other documents (proof of health insurance and/or proof of financial sustainability) if you are claiming the right to residency under terms other than employment. That said, they should be requesting this of the EU member. If the EU member satisfactorily shows evidence of meeting the requirements, then that judgement is automatically passed to the family member. Also of note is that an EU member state may NOT set a certain financial value in terms of assessing your right to residency based upon financial stability (in other words they cannot say you must have at health insurance and 5,000 Euros in savings). Article 8 subparagraph 4 addresses the common law for assessing financial sustainability IF the EU member is not employed and not pursuing professional training.

*Specifics on a family member's right to residency:*

Directive2004/38/EC Article 8 states that host Member State MAY require Union Members to register with the relevant authorities and that a Registration Certificate shall be issued immediately. Article 9 goes on to say Resident Cards shall be issued to family members of a Union Citizen who are not nationals of a Member State, where the planned period of residency is for more than *3 months* (thus the legality of resident cards). Article 10 addresses the issuance of the Residency Card and states: The right of residence of a family member of a Union Citizen who are not nationals of a Member State shall be evidenced by the issuance of a document called "Residence Card of a Family Member of a Union Citizen" (again, legalizing the issuance of a Residence Card) no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately. Article 10 then goes on to state the documents required for issuance of a Residence Card; documents already (correctly) identified by Anders, plus birth certificates for dependents (_a question someone asked earlier in this thread_). 

To highlight, because there seems to be some unclear information above. Cyprus CAN require EU nationals and their family members to apply for residency no earlier than 3 months after arriving in Cyprus. The documents Anders stated must be submitted for residence at the three month mark (as established by Cyprus law) and an application filed for residency. For EU nationals, this application MUST be approved immediately. For family members of an EU national, Cyprus HAS 6 MONTHS TO APPROVE THE APPLICATION AND ISSUE THE "RESIDENCE CARD OF A FAMILY MEMBER OF AN EU NATIONAL"(that is they have 6 months to approve the application which was filed at the end of the 90 day stay). 



Mac512 said:


> I have exactly the same problem regarding my wife they are asking for a truck load of documents in Paphos





Baywatch said:


> It is really the application that is important. According to EU law your wife has an automatic right to stay here if you have the right.


Based upon the aforementioned text, Baywatch is correct. However Mac, your issue seems to be more with being able to file you application as they are requesting specific docs to file. Below may or may not help your situation.

There is nothing that says a host member state can require the applying family member to leave the country during this application therefore it may be assumed that once the application is SUCCESSFULLY submitted, the family member(s) have a right to stay until the Residency Card is issued or legally rejected. Notice I highlighted the word successfully because there MAY be a legal loophole in which the Cyprus government can reject the submittal of an application IF all required documents (again, as accurately addressed by Anders) is not available for submittal with the application. In this instance Article 5, subparagraph 4, MAY apply (which states "Where a Union Citizen, or a family member who is not a member 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 (this Article addresses 'right of entry' so it may not be applicable but it does mention residency so I would cite it in a pinch). Another protection is POSSIBLY offered in Article 8, subparagraph 2, which states "Failure to comply with the registration requirement may render the persons concerned liable to proportionate and non-discriminatory sanctions (cited in other websites as a fee...there is no mention of deportation of a requirement to departure and reentry).



Vegaanders said:


> 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


Not sure I agree here. I did not look up C-215/03 but I did read Directive2004/38/EC as well as the court findings in Cases C-85/96 Martinez Sala.

In the 'specifics on a family member's right to residency', I highlighted references that set a legal precedent for Resident Cards (especially for non-EU national family members). 

*Regarding the court findings in C-85/96 Martinez Sala*, I did not see where it specifically states, or in anyway infers, that Residency Cards are not legal certification of residency or hold less than legal, statutory value (which seems to be the implication in the context of this discussion). To cite Anders - "residence cards are not constitutive but merely evidential of EU citizens’ and their family members’ rights" - this may be accurate, but *VERY MISLEADING* when brought up in the discussion of family members rights to residency. C-85/96 Martinez Sala is a case regarding beneficiary rights under EU law in which case, amongst other legal opinions and rulings in the case (not pertinent to this discussion), the court judged that (in par 53 as cited by Anders above) "53. For the purposes of recognition of the right of residence, a residence permit can only have declaratory and probative force (see, to this effect, Case 48/75 Royer [1976] ECR 497, paragraph 50). However, the case-file shows that, for the purposes of the grant of the benefit in question [child raising allowance], possession of a residence permit is constitutive of the right to the benefit. Paragraph 54 goes on to state: Consequently, for a Member State to require a national of another Member State who wishes to receive a benefit such as the allowance in question [child raising allowance] to produce a document which is constitutive of the right to the benefit and which is issued by its own authorities, when its own nationals are not required to produce any document of that kind, amounts to unequal treatment." This case has little to do with the legalities or administrative process of issuing residence cards but rather addresses the rights to certain benefits and basically states that (for example Cyprus) may not with hold a benefit (such as Child Raising Allowance) because a legal resident, but not original nationality (i.e. a Brit living in Cyprus), has or does not have a Resident Card when a Cypriot applying for the same benefit would not be required to show a resident card or proof or residency; that such a requirement imposed upon nationals of Member States but not of its own citizens constitutes a prejudice (which is forbidden in EU Treaty). In other words, this discussion is about befits, not residency issuance itself.

To clarify, and counter your assertion (or at least what I read and believe to be your assertion), please consider the following definitions in regards to a Resident Permit being "evidential" or, according to the case law you cited "only having a declaratory and probative force":
* Evidential - of, pertaining to, or constituting evidence (thus showing 'legal evidence' of residency)
* Probative Force - tending to prove something (as in legal residency)
* Declaratory Force - _no clear definition found but this appears in a legal text_ - less than the binding force of a treaty (very open to interpretation but still in reference to an aspect of a legal treaty)

Residence Permits hold their legal validity in the relevance of this discussion and should not be dismissed.


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## Baywatch (Mar 30, 2014)

Meenotyou said:


> ...continued from previous post:
> 
> Completely agree but notice Anders states 'if you (the EU national) are working'. They (Cyprus) may request to see other documents (proof of health insurance and/or proof of financial sustainability) if you are claiming the right to residency under terms other than employment. That said, they should be requesting this of the EU member. If the EU member satisfactorily shows evidence of meeting the requirements, then that judgement is automatically passed to the family member. Also of note is that an EU member state may NOT set a certain financial value in terms of assessing your right to residency based upon financial stability (in other words they cannot say you must have at health insurance and 5,000 Euros in savings). Article 8 subparagraph 4 addresses the common law for assessing financial sustainability IF the EU member is not employed and not pursuing professional training.
> 
> ...


Because you quote me so many times I will just clarify one thing. According to EU:s own lawyers, the permission to stay for Mac's wife is automatic and has nothing to do with the Residence Card itself. Once she has applied to be registered she has also the right to stay. According to the directive, the only 3 documents immigration can demand, is a copy of her passport, copy of marriage certificate with apostile and copy of health insurance. This according to SOLVIT lawyers that sorted out our problem in 6 week, and also written in the directive.


The main problem is that they don't accept the application without all documents. 
Perhaps if the embassy can stamp the marriage certificate as they want it, this can be solved. But I also know that they want a English translation of it and that can only be made in one place.

So I would go there with as much documents as possible. If they don't accept the application I will set a new date 4-6 weeks ahead. Then there will be time to sort the papers out and get it right. In the meantime nothing will happen to Mac's wife.

Another problem in Cyprus is that the immigration lawyers seem to have very little knowledge about this directive. I think we contacted 5 of them and it turned out that we knew more ourselves than them. And all so called "agents" that offer there help outside the immigration office, they only want to make easy money


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## Mac512 (May 29, 2014)

Hi I agree about the lawyers 

they know very little about this 

Also i contacted every eu embassy in cyprus to ask if we may apply for a schengen visa

As a way around the problem


To a man they were all breaking the directive

Asking for hotel bookings flights, financial docs etc etc etc

Also a fee to get a visa which is either 
through lack of knowledge,, or a nice little earner they don't want to pass up on easily

10 x 75 per day times 5 days 200, 000 grand a year a nice little scam to keep the consul in champers and muffins


so looks like solvit will be involved in this one 


Thanks everyone


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## Baywatch (Mar 30, 2014)

Mac512 said:


> Hi I agree about the lawyers
> 
> they know very little about this
> 
> ...


But Mac, still start by going there. SOLVIT will not take it on directly.


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## Meenotyou (May 26, 2014)

Baywatch said:


> Because you quote me so many times


Are you and Anders one and the same?


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## Veronica (Apr 5, 2008)

Personally I think people are getting their knickers in a twist for no real reason here. I know of many EU nationals with non EU spouses and none of them have had any problems. As long as the application has been lodged it really doesn't matter how long it takes to be granted as the right stay once the application is lodged is automatic until the residence card is granted.
As long as all the requirements are met just go to immigration with all of the documents they ask for and be patient.


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## Veronica (Apr 5, 2008)

As this same conversation is going on in another thread I am closing this one now.


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