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PostPosted: Wed Jul 26, 2017 1:12 pm 
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Major

Joined: Thu Jun 13, 2013 12:25 pm
Posts: 164
It's been almost a year since I last posted on this board. I am British and my wife is from the Philippines. We moved to Cyprus from the Philippines in Sept 2013. I had to obtain a 90 day Visa for my wife before travelling. After we arrived, I applied to Immigration for my MEU1 and for MEU2 for my wife. We were living in Paphos for 3 years and I own a property there and my wife was working as a waitress at a restaurant in Coral Bay. I have a personal pension income. We both have bank accounts with the Bank of Cyprus and my wife was paying taxes and Social security.
In September 2016, we decided to return to the Philippines for an extended holiday for a year. We are now planning on coming back to Cyprus next month.
However, I have now been told that my wife cannot return with me. It appears that her MEU2 (Yellow Slip) is no longer valid, as she has been out from Cyprus for more than 90 days. I have been told that she needs to apply for another 90 day Visa. I am not one to argue with Immigration, but it does appear strange that despite the fact that my wife is:-
1. Married to an EU Citizen
2. Owns property in Cyprus
3. Has a Cypriot Social Security Number.
4. Has a Cypriot bank account .
5. Has a yellow slip valid until 2019.
She isn't allowed back into Cyprus. I am now asking whether my own MEU1 (Yellow Slip) is still valid? Even more strange is that the Cypriot Consulate in the Philippines don't even know? Despite several e-mails to the dept of Immigration and Migration in Nicosia, nobody will reply? Very frustrating to say the least.
The annoying thing about this is that prior to leaving Cyprus, I did specifically ask Immigration and was told that my wife would be permitted to return within one year. They said 'yes', she would be permitted to return with her existing MEU2, but would have to renew it on her return. Now they are saying that is not the case.
If anybody knows anything about the validity of the yellow slips I would be happy to hear from you. We are now stuck in the Philippines until this can be resolved.


Last edited by screamineagle on Thu Jul 27, 2017 4:45 am, edited 1 time in total.

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PostPosted: Wed Jul 26, 2017 4:16 pm 
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Joined: Mon Apr 29, 2013 5:19 pm
Posts: 1082
Location: Rochdale, UK and Konia/Antigua
I've heard this so many times on this forum.

I think they make it up and tell you what you want to hear at the time.
It's like the long drawn out procedure to get your title deeds.
It's just jobs for the boys!!

I hope you get sorted.

But it's one of the reasons I would never live permanently in Cyprus.
Mickey Mouse Government Offices all geared up to send you around in circles. Nobody knows the actual answer.

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PostPosted: Wed Jul 26, 2017 10:09 pm 
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Joined: Sat Apr 20, 2013 10:35 pm
Posts: 483
Location: Paphos
Hopefully Gwenny at Gwennys Red Tape Services can help as she deals with immigration matters:

Contact Info:
Telephones
(00357) 26 945 625
(00357) 99 412 925

Fax: (00357) 26 931 262

Website: http://www.paphosliving.com/
Email: mailto:gwenredtape67@cytanet.com.cy

Opening Hours:
Mon- Friday 09:00 - 13:00
Sat-Sun: closed
Address: 6, Kyriakou Constantinou Street, Paphos 8046 Cyprus


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PostPosted: Thu Jul 27, 2017 7:40 am 
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Joined: Mon May 08, 2017 1:08 pm
Posts: 13
Location: Peyia
They are right, she can't be absent more, than six months a year or "a maximum of twelve consecutive months for important reasons". Anything else, like SSN, bank account, etc. is simply irrelevant.

Quote:
Article 11

Validity of the residence card

1. The residence card provided for by Article 10(1) shall be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen, if this period is less than five years.
2. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

Directive 2014/54/EU of the European Parliament


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PostPosted: Thu Jul 27, 2017 8:17 am 
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Joined: Sat Aug 07, 2010 11:06 pm
Posts: 5892
Location: Pegeia
Why not apply for the 90 days then get things sorted out face to face when you are here rather that trying to get replies by email, phone etc

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Moira And Dave

“I know that you believe you understand what you think I said, but I'm not sure you realize that what you heard is not what I meant.”


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PostPosted: Thu Jul 27, 2017 9:06 am 
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Location: Tala
Quote:
Mickey Mouse Government Offices all geared up to send you around in circles. Nobody knows the actual answer.


Shades of the UK, Big Nev! :greetings

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I'll be back!


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PostPosted: Thu Jul 27, 2017 12:42 pm 
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Location: Rochdale, UK and Konia/Antigua
Topgun wrote:
Quote:
Mickey Mouse Government Offices all geared up to send you around in circles. Nobody knows the actual answer.


Shades of the UK, Big Nev! :greetings



Not really.
If you ask questions at Government offices such as HMRC or Pensions Agency, they know what the answers are. In my experience anyway.

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PostPosted: Thu Jul 27, 2017 12:58 pm 
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Joined: Sun Mar 16, 2008 3:51 am
Posts: 1350
Big Nev wrote:
Topgun wrote:
Quote:
Mickey Mouse Government Offices all geared up to send you around in circles. Nobody knows the actual answer.


Shades of the UK, Big Nev! :greetings



Not really.
If you ask questions at Government offices such as HMRC or Pensions Agency, they know what the answers are. In my experience anyway.

Agreed, as it's a bit difficult to get nepotism into the HMRC or DWP :sunny


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PostPosted: Sat Jul 29, 2017 10:10 am 
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Joined: Thu Jun 13, 2013 12:25 pm
Posts: 164
AndyCY wrote:
They are right, she can't be absent more, than six months a year or "a maximum of twelve consecutive months for important reasons". Anything else, like SSN, bank account, etc. is simply irrelevant.

Quote:
Article 11

Validity of the residence card

1. The residence card provided for by Article 10(1) shall be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen, if this period is less than five years.
2. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

Directive 2014/54/EU of the European Parliament


Yes Andy, This is exactly what I read on the Immigration website prior to us leaving Cyprus. Although this was going to be an extended holiday for us both, I actually had an employment contract with an American friend in the Philippines for a period of 11 months. I had asked if this would be acceptable as 'an important reason' to be absent for more than 6 months. They said it was, as my wife should be permitted to stay with her husband. They have now said that it was not. Also, they have stated that her MEU2 has been cancelled because she has been absent for 90 days Where the website specifically states 6 months If I obtain a 90 day visa for my wife AND if my MEU1 is still valid, it would make things much easier to obtain another MEU2 for my wife when she arrives in Cyprus. Otherwise we will both have to go through the whole application process again. Cyprus Immigration have still not been able to confirm whether my MEU1 is still valid or not? It would appear that my absence from Cyprus would also have rendered my MEU1 invalid.


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PostPosted: Sat Jul 29, 2017 10:47 am 
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Joined: Sun Mar 16, 2008 3:51 am
Posts: 1350
screamineagle wrote:
AndyCY wrote:
They are right, she can't be absent more, than six months a year or "a maximum of twelve consecutive months for important reasons". Anything else, like SSN, bank account, etc. is simply irrelevant.

Quote:
Article 11

Validity of the residence card

1. The residence card provided for by Article 10(1) shall be valid for five years from the date of issue or for the envisaged period of residence of the Union citizen, if this period is less than five years.
2. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

Directive 2014/54/EU of the European Parliament


Yes Andy, This is exactly what I read on the Immigration website prior to us leaving Cyprus. Although this was going to be an extended holiday for us both, I actually had an employment contract with an American friend in the Philippines for a period of 11 months. I had asked if this would be acceptable as 'an important reason' to be absent for more than 6 months. They said it was, as my wife should be permitted to stay with her husband. They have now said that it was not. Also, they have stated that her MEU2 has been cancelled because she has been absent for 90 days Where the website specifically states 6 months If I obtain a 90 day visa for my wife AND if my MEU1 is still valid, it would make things much easier to obtain another MEU2 for my wife when she arrives in Cyprus. Otherwise we will both have to go through the whole application process again. Cyprus Immigration have still not been able to confirm whether my MEU1 is still valid or not? It would appear that my absence from Cyprus would also have rendered my MEU1 invalid.

Have you queried this problem with the EU's ECHR ?


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PostPosted: Sat Jul 29, 2017 12:58 pm 
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Joined: Mon May 08, 2017 1:08 pm
Posts: 13
Location: Peyia
screamineagle wrote:
if this would be acceptable as 'an important reason' to be absent for more than 6 months. They said it was

Well, in this case I would give a call to SOLVIT http://ec.europa.eu/solvit/index_en.htm

In some cases it works like a charm, in others it wouldn't, but it definitely worth to try. As a EU citizen you have rights and you have to defend them.

Actually they have no right to refuse her on the border even without the visa nor the yellow slip as far as she has you and the marriage certificate (the freedom of movement), but that's another ordeal you wouldn't want to deal with.


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PostPosted: Sat Jul 29, 2017 3:08 pm 
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Joined: Tue Nov 17, 2009 10:22 am
Posts: 844
AndyCy

You are correct regarding entry at the border and right of entry but the problem is that airlines will not carry anyone without a valid visa or Residency Certificate. Even though my wife has a Permanent Residency Certificate we still have to go to Airlines Customer Services to have it photocopied and the boarding pass stamped to confirm eligibility to fly.

S.E.

Best to just apply for a 90 day visa for your wife and apply for a new MU1; I had to apply for a replacement as they put my marital status incorrectly and even charged me for the new one.

Jim


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