I need your help (Europe/Italy vs USA)

[bale002]

Originally Posted by Eduardo983

Due to the language barrier, we decided to move to the Sun Coast/Spain where my paternal relatives live.-- I´ll have plenty of time to visit Italy and France during the holidays

If I'm not mistaken, I think you mean the province of Malaga or Cadiz, south of Seville.

In any case, southern Spain is certainly among the best that the country and Europe have to offer, and though personally I would choose neighboring eastern Algarve, Portugal, it is a great choice, and it explains the lower cost of living than one of the bigger cities in Italy.

I just hope that you can find adequate jobs or, better yet, establish your own business or join the family business.

All the best!

[Nosferatu]

Xodox


I'll check it. I know cases of Spanish that married Latin Americans, mostly women.
I know that they brought them after being married.

[Nosferatu]

Xodox

If you are a EU Citizen, you can live with your spouse in any EU Country, and the Non-EU citizen can ask the "Tarjeta de Familiar de Residente Comunitario" right away. "Theoretically" the Non-EU spouse could work inmediately after asking for the "Tarjeta de Familiar de Residenter Comunitario" (Card for familiar of communitary resident), but you'll need the NIE (Foreigner Identification Number) and that could take 6 months. Problem here is that the administration is collapsed.

In some provinces, it could take 3 months. It all depends.


The law enacted this July.

The Court of Justice of the EU has ruled that non-EU spouses of EU citizens can travel freely and live with your partner in any member state, even without prior residence in a EU country.

The issue addressed by the sentence is about four citizens married to non-EU citizens resident in Ireland who filed actions before a court of that country after their asylum applications were denied. The Irish court had to resolve the case asked the court in Luxembourg to specify whether the requirement of prior lawful residence complies with the Directive on Free Movement in EU (Directive 2004/38/EC of the European Parliament and the Council).

The Luxembourg court said that the exercise of such rights should not depend on prior lawful residence of the spouse in another Member State and, ultimately concluded that the foreign spouse of a EU citizen can benefit from the directive, irrespective of the place and date in his marriage and how it entered the host Member State. Obviously, this does not exclude that Member States may refuse entry and residence for the general reasons of public order, public security or public health, or if you think this is a case of abuse of rights or fraud, as marriages of convenience.

During the process, the Irish Justice Ministry and other European countries argued that this interpretation could have harmful effects since it could shoot the number of people applying for a right of residence in the EU. However, the Court could not substantiate this argument, especially bearing in mind that would be inconsistent with the jurisprudence of the Community court on other provisions of legislation on free movement of persons adopted before Directive 2004/38, in which already highlighted the importance of ensuring the protection of family life for residents in the Member States and to eliminate obstacles that hinder the exercise of fundamental rights and freedoms guaranteed by the EC Treaty (Case July 11, 2002, Carpenter, C-60/00, ECR I-6279, para. 38, 25 July 2002 MRAX C-459/99 ECR I-6591, para . 53, and most recently, of 11 December 2007, Eind, C-291/05, ECR, pI-10719, Sec. 44).

Well, the same interpretation must be defended in the case of Directive 2004/38/EC of the European Parliament and Council of 29 April 2004 on the right of Union citizens and members of their families to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives earlier on the free movement of persons. This seems to corroborate the third recital of the Directive which states that this standard is to strengthen the right to freedom of movement and residence for European Union citizens, so that in no case shall enjoy with this directive fewer rights than they already had with the legislation amending or repealing it.

[XodoX]

Originally Posted by Nosferatu

Xodox

If you are a EU Citizen, you can live with your spouse in any EU Country, and the Non-EU citizen can ask the "Tarjeta de Familiar de Residente Comunitario" right away. "Theoretically" the Non-EU spouse could work inmediately after asking for the "Tarjeta de Familiar de Residenter Comunitario" (Card for familiar of communitary resident), but you'll need the NIE (Foreigner Identification Number) and that could take 6 months. Problem here is that the administration is collapsed.

In some provinces, it could take 3 months. It all depends.


The law enacted this July.

The Court of Justice of the EU has ruled that non-EU spouses of EU citizens can travel freely and live with your partner in any member state, even without prior residence in a EU country.

The issue addressed by the sentence is about four citizens married to non-EU citizens resident in Ireland who filed actions before a court of that country after their asylum applications were denied. The Irish court had to resolve the case asked the court in Luxembourg to specify whether the requirement of prior lawful residence complies with the Directive on Free Movement in EU (Directive 2004/38/EC of the European Parliament and the Council).

The Luxembourg court said that the exercise of such rights should not depend on prior lawful residence of the spouse in another Member State and, ultimately concluded that the foreign spouse of a EU citizen can benefit from the directive, irrespective of the place and date in his marriage and how it entered the host Member State. Obviously, this does not exclude that Member States may refuse entry and residence for the general reasons of public order, public security or public health, or if you think this is a case of abuse of rights or fraud, as marriages of convenience.

During the process, the Irish Justice Ministry and other European countries argued that this interpretation could have harmful effects since it could shoot the number of people applying for a right of residence in the EU. However, the Court could not substantiate this argument, especially bearing in mind that would be inconsistent with the jurisprudence of the Community court on other provisions of legislation on free movement of persons adopted before Directive 2004/38, in which already highlighted the importance of ensuring the protection of family life for residents in the Member States and to eliminate obstacles that hinder the exercise of fundamental rights and freedoms guaranteed by the EC Treaty (Case July 11, 2002, Carpenter, C-60/00, ECR I-6279, para. 38, 25 July 2002 MRAX C-459/99 ECR I-6591, para . 53, and most recently, of 11 December 2007, Eind, C-291/05, ECR, pI-10719, Sec. 44).

Well, the same interpretation must be defended in the case of Directive 2004/38/EC of the European Parliament and Council of 29 April 2004 on the right of Union citizens and members of their families to move and reside freely within the territory of the Member States, amending Regulation (EEC) No 1612/68 and repealing Directives earlier on the free movement of persons. This seems to corroborate the third recital of the Directive which states that this standard is to strengthen the right to freedom of movement and residence for European Union citizens, so that in no case shall enjoy with this directive fewer rights than they already had with the legislation amending or repealing it.

Thanks. This July you said? I can't find anything. Where did you get that from? Like the link to it? Looks like you copied the middle part from somewhere. I'd appreciate it. I also know a couple that moved to the U.K last year and then they were gonna move to Spain, which they could not do.

I'm not sure if that's a good idea, though. That opens up the path for illegal marriages to smuggle people into Europe.

[Nosferatu]

Xodox

I also asked to specialists.

That was the entire article. It's all over Internet.

Yes, they can move to Spain right away and also last year. They were not well informed.

[XodoX]

Originally Posted by Nosferatu

Xodox

I also asked to specialists.

That was the entire article. It's all over Internet.

Yes, they can move to Spain right away and also last year. They were not well informed.

Well, what do you mean by "well informed" ? That's what the embassy said. Do you have the link to the article? I don't know, I'm not that convinced yet The official site dosen't mention it. Well, I guess I'll contact the embassy one more time.

[Nosferatu]

They should forget about Embassies, what do they care?
They should contact INS of the respective country.

[bale002]

Originally Posted by Nosferatu

They should forget about Embassies, what do they care?
They should contact INS of the respective country.

I am loath to become involved in such sterile discussions, but in my experience, indeed, what an officer in a consul or embassy says is usually old and partial news, the real information is on the ground in the target country and it depends significantly on the official of the day that the petitioner happens to be dealing with, the official's willingness to be flexible, and on the petitioner's skills in dealing with such official at the time.

Any set of rules you see written on a website or on a piece of paper should be taken at face value.

Good Luck!

[Nosferatu]

Bale

The only actions that the UE Citizen and his/her Non-EU spouse must do are the following things:

The UE Citizen must go to the local INS office in the EU Country that he wishes to reside as ask a "Certificate of EU Citizenship", and the Non-EU spouse must ask a "Card of familiar of Communitary Citizen".

Afterwards, in one month to three months, the INS will issue to the Non-EU spouse a NIE number (Foreigner Id. Number), with that document, the non-EU spouse will be able to work.

Yes, it's quite nonsensical to ask such info to the Embassy.

[XodoX]

Sorry, but that's nonsense. The people who work in the embassy gotta know what's going on and I never had any problems. I guess it depends on the country