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Polish married to a Dominican and want to Return to Europe.


PolDR  
24 Aug 2013 /  #1
Hello, this is my first time ever writing on a forum. I just can't find the direct information anywhere.

I'm Polish, and left Poland at the age of 2. My immigration documents when my family left Poland to go to Canada stated I'm "stateless". I never acquired a Canadian citizenship nor do I have citizenship to any other country. For the past decade I have been living in the Dominican Republic and so I have lost my Canadian Residency. I have no interest in returning to Canada.

I plan to be married to a Dominican who has never traveled. We would like to move to Europe maybe Spain, Italy or Greece. We are NOT interested in moving to Poland.

Will this be possible? What steps should we take?
Can we legally live and work in these countries or any other country in EU treaty?
I believe I can live and work in these countries, but could my husband?

I greatly appreciate anyone who could give me some answers and shoot me in some direction where I can start working on leaving this country and returning to Europe.

Thank you.
Wulkan  - | 3136  
24 Aug 2013 /  #2
Greece

it's amusing that you want to move to Greece, the country where economy completely collapsed.
delphiandomine  86 | 17823  
24 Aug 2013 /  #3
Will this be possible?

Depends. You need to get Polish citizenship confirmed and a passport before you can consider any move.

In general, if you obtain a Polish passport, you can move to any EU country with your husband.
OP PolDR  
24 Aug 2013 /  #4
I do have my Polish Passport. I just don't know what to do next. I am afraid that the only way my soon to be husband would get permission to live in Europe would be by needing to live in Poland for some required amount of time.

Yes, you are quite right. I just threw out names of some countries. Greece would not be ideal. lol.

Hypothetically speaking, lets say we decide we like Spain. We get married. I have my Polish passport in order. He has his Dominican passport in order. What do we do? Do we go to the Spanish Embassy requesting documents for his travel, or would you think I go to the Polish Embassy?

I'm sorry if my questions seem ignorant, I just need to know where to start. lol
delphiandomine  86 | 17823  
24 Aug 2013 /  #5
Hypothetically speaking, lets say we decide we like Spain. We get married. I have my Polish passport in order. He has his Dominican passport in order. What do we do? Do we go to the Spanish Embassy requesting documents for his travel, or would you think I go to the Polish Embassy?

Basically just that - you go to the Spanish Embassy and apply for a visa for him on the basis of moving there as a family member of an EU citizen.

There's no obligation to reside in Poland for any time whatsoever.
OP PolDR  
24 Aug 2013 /  #6
Thank you, That is what I most wanted to hear. I was scared we would have no way off this island together.
Have a great weekend. :)
Bieganski  17 | 888  
24 Aug 2013 /  #7
If you settle in Spain then you will need to work with their immigration authorities regarding the status of your husband.

Bear in mind though that Spain's current unemployment rate is nearly 30%. You may be able to sort out your right and your partner's right to reside there (or in another EU country) but actually finding work to support yourselves is another reality you need to take into consideration.
mcm1  2 | 81  
24 Aug 2013 /  #8
You need to speak with a reputable immigration lawyer, this will cost a reasonable amount of money.
You as an EU passport holder can travel and work within the EU so long as you obey that countrys immigration/ residency laws.
Your partner/husband does not have the same rights as yourself no matter what your marital status is.
This is a complicated issue and with the bare facts you have posted is the best answer available from me.
delphiandomine  86 | 17823  
24 Aug 2013 /  #9
You need to speak with a reputable immigration lawyer, this will cost a reasonable amount of money.

There's no need to speak to an immigration lawyer. The process is simple - he has to apply for a visa on the grounds of being a family member of an EU citizen.

Your partner/husband does not have the same rights as yourself no matter what your marital status is.

Wrong. Family members of EU citizens have exactly the same rights.

This is a complicated issue and with the bare facts you have posted is the best answer available from me.

There's nothing complicated about it. The family member of an EU citizen has the same right as an EU citizen to reside and work in the European Union.
mcm1  2 | 81  
24 Aug 2013 /  #10
and you are of course wrong on every count but once again don't let that stop you from giving your usual drivel that you think is sound advice.
delphiandomine  86 | 17823  
24 Aug 2013 /  #11
Excuse me?

Perhaps you rely on the Daily Mail for your "facts" about the EU, but I prefer to rely on EU law.
mcm1  2 | 81  
24 Aug 2013 /  #12
I have no idea what the Mail or any other paper writes but I do have to know and implement the governments current policies on immigration and visa issues-does that give you a clue as to my actual job. Each member state has its own policies they are not EU wide when it concerns someone not currently holding or likely to have an EU members passport.

If I have an opinion on a subject I will reply and make it known its my opinion. I will not state it as a fact unless that is so...............how about you try it sometime.
delphiandomine  86 | 17823  
24 Aug 2013 /  #13
but I do have to know and implement the governments current policies on immigration and visa issues-does that give you a clue as to my actual job.

The UK doesn't really obey EU law in this respect. For all the complaining by the right wing media, the truth is that the UK has somewhat ignored EU law.

Each member state has its own policies they are not EU wide when it concerns someone not currently holding or likely to have an EU members passport.

They may try with their own policies, but the EU has shown little patience for member states that do not allow family members to automatically reside with their EU family member. The UK has somehow escaped much of the attention from Brussels in this respect, but this could be because the UK is outside Schengen and thus the EU doesn't care that much.

The Spanish were notorious for not implementing Directive 2004/38 properly - to the point where the EU was telling people to call them directly from passport control so they could intervene.

If I have an opinion on a subject I will reply and make it known its my opinion. I will not state it as a fact unless that is so...............how about you try it sometime.

I'm sorry that your UK-centric viewpoint stops you from understanding the freedom of movement legislation and interpretations.

At the end of the day, the facts remain the same - her husband is entitled to join her in any EU state of their choosing. How this works in practice can differ, but he still has the right to live and work in the same state as her. In their case - Spain - it will be a simple matter of applying for a visa that must be granted within 15 days.

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