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CWB – Questions and answers

Experts' counselling on EU citizens and their family members' rights

Italy – Moldovian woman married with Romanian man

I am a Moldovan woman married with a Romanian citizen with residence certificate in Florence, Italy. I don’t work but my husband does and he provides for my subsistence.
What do I have to do in order to have the right to stay in Italy? I was told that I need to go to Questura, but I’d like to know in advance which documents are needed.

Together with the wedding certificate, you also need your husband’s residence certificate from his local Registry Office (Ufficio Angrafe) and his declaration saying that he provides for your living (dichiarazione di mantenimento), showing his job contracts or his payments receipts.You also need to show that you have an accomodation, to accomplish this your husband can declare that you live together in the same house.
When you have all these papers, you have to go to Foreign Police (Ufficio Immigrazione Questura) and apply for EU residence card lasting 5 years. You are entitled to this paper, but should Police deny it and release a permit to stay for family reasons lasting 2 years you can ask for personal assistance through EU Commission.

Italy – Expired visa of Russian wife of Italian citizen


I am Italian and I ilive in Luxembourg with my Russian wife and my Italian son, who has an Italian passport. Her visa expired and she was denied the visa renewal. She cannot go back to Russia because we fear that she can be refused the entry in Europe. We are then going to Italy to ask for a visa there. Which kind of permit of stay can we ask for her since her visa is expired 12 months ago? Thank you so much for your answer.


As a wife of a EU citizen your wife has the right to stay with her husband and son in any country of the European Union no matter of her visa. Once in Italy, you must go to Ufficio Stranieri of Questura and ask for a “carta di soggiorno comunitaria” (EU residence card). You will have to produce marriage certificate, evidences that you live together, economic resources or job contracts prooving that you have enough money for your living.

France – Health assistance for Bulgarian woman married with French man


I am a Bulgarian citizen and I am married with a French man. I have an EU residence card and I work for a family by taking care of the children. I feel sick for a few days and I would like to know if I can see a doctor. Is it going to be free of charge and what do I have to do ?

As a family member of a Union citizen and as a worker, you have the right of residence, which is also confirmed by your EU residence card. You have access to the public health system at the same conditions of the French citizen if you have a permanent job contract or a one year long job contract. Access to medical treatment and doctor is fully granted. You just need to check that you are not under another country’s insurance system before you register to the national health care office in France.

France – Right to entry and to stay for the Nigerian sister of a Nigerian citizen staying in France with the French wife

I am a Nigerian man, I am married to a French woman and I live with her in Toulouse. My sister, which is Nigerian too, is living in Italia. She would like to come to France in order to live with us. Does she has the right to stay? For how long?

Only the spouse or the partner with whom the Union citizen has a registered partnership, their children, or their parents are considered Union citizens’ family members. Unfortunately, sisters and brothers are not considered as family members by the French law nor by the EU Directive. Your sister has the right to access to France and reside there up to three months only if she has a permit of stay given by Italian authorities (with CE mention). If she wants to stay for a period which exceeds three months, she will have to ask for a French permit of stay to French Prefecture.

Czech Republic – Rifght of Entry for third-country national family member

I am a Czech citizen, living in Italy, where I married a third country national. We would like to move into the Czech Republic, but we were repeatedly refused Czech entry visa for my husband. Is there any other option to move into the Czech Republic that applying, and being refused, for Czech visa?

Your husband is EU citizen’s family member by virtue of art. 2 par. 2a) Directive 2004/38/EC. In number of decisions the Court of Justice ruled that EU family member who is following a EU citizen, has indeed right to entry the member state where the EU citizen intends to settle. This right can not be subject to condition of having legal entry visa or of previous legal stay of such EU family member in another member state. We refer to judgments of C-459/99 MRAX v. Belgium case or C-127/08 Metock case. So your husband is entitled to come into the Czech Republic in your company, but needs to apply for residency permission for EU citizen family member within 90 days after the arrival.

Czech Republic – Divorce in another Member State

We are a married couple from Romania, living in Czech Republic, where we do both work. We have one child who is living with us. No one from our family has permanent residency permission in Czech Republic. However we would like to file petition for the divorce and child custody. Is it possible to do it in Czech Republic?
This situation is ruled by the Council Regulation number 2201/2003. Since all your family have domicile in Czech Republic, Czech courts have authority to judge your case, under the Czech regulation, the Romania law should be applied.

Czech Republic – Job seeking and related allowances for Polish citizen

I am a Polish citizen currently living in Czech Republic, where I am looking for job. Can I register as official job seeker and can I apply for job seeker allowance?

Pursuant the Regulation 492/2011 you have same scope of rights as a Czech citizen. That means you can register at Labour Office as official job seeker and you can apply for job seeker allowance if you worked in Czech Republic for at least twelve months in last two years (same rules apply for Czech citizens).

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