Job Discussion Forums

[linkster]

Hello All.

My wife is a dual citizen with American and Polish passports.

I have a Karta Pobytu, or temporary residence.
Does temporary residence status allow me to work in other EU countries?

Thanks!

[wildphelps]

In theory, yes. However, you might want to check around depending on the country. I read that one could on a UK labor/workers' rights website.

[spiral78]

Whoa, hold on. I'm 99.99% sure that's innacurate, having just come from the Embassy to renew my work visa for the Netherlands.

I'm married to a Czech citizen and have permanent residence in the Czech Rep. This does NOT allow me to work anywhere in the EU - it is only valid in the Czech Rep itself.

Until you personally become a citizen, the residency card gives you no rights outside of the country that issued it.

[scottie1113]

Spiral is wrong. He should have said 100% inaccurate. He's correct about everything else.

[linkster]

Thanks for the replies. I kinda assumed it was only good in Poland. Was just hoping to hear otherwise.
Ah well, the plan is to get a Polish passport, so if THAT process does not take too long, that will be the ticket to working in other EU countries.

Along those lines, we've been told that I can apply for a Polish passport after living in Poland for two years. Is this correct?
How long does it normally take to get a Polish passport. (Again, wife is dual citizen. I'm American. Been married ten years.)

[scottie1113]

Good question. I'd like to know also.

[spiral78]

linkster, I can't answer your question, but I can ask you to let me know when you find out the answer to another, related one.

I was told that, as of January 2010, the 'new' EU member states (Poland and Czech Rep included) could no longer require one to give up his/her first citizenship when applying for citizenship based on marraige.

(I've been married 10 years too).

However, when I went to the urad a couple of weeks ago, they say I still have to give up the US citizenship to get the Czech one.

I would be VERY interested in what you find out about this in your own case. I think (hope) that our urad is simply uninformed as yet.

In the Czech Rep, I have to show an address for 8 years (have this) and to pass a language test. I can do all this....no language proficiency test in Poland? Or is your Polish functional? Whatever - I'm hitting the books.

Another question is whether, having given up your US passport to the Czech or Polish authorities, we can't simply apply for a new one.

[linkster]

I know the US doesn't ask you to surrender your passport when you get a Polish passport. However, I have not heard if Poland has a policy. My wife is getting her ten year Polish passport this week, and she plans on asking a whole bunch of questions about how I go about getting one as well.

Of course, the answers often depend on who you ask, the day you ask, and possibly the weather at that given moment.

If I get an update I'll post the info.

[wildphelps]

Three links:

http://ec.europa.eu/social/main.jsp?catId=470&langId=en

http://ec.europa.eu/social/main.jsp?catId=458&langId=en

http://ec.europa.eu/social/main.jsp?catId=463&langId=en

I still stick by my original answer that it depends on a country by country basis.

[sparks]

Interesting links. I wonder how many border officials and workers at foreigners offices are aware of these rules. I just find it hard to believe that with permanent residency in, say, Poland I could live and work throughout the E.U.

As far as taking your U.S. passport then reapplying, it's worth a shot. According to the "laws" that I read when applying for my Polish driver's license I would have to give up my American one as you can only hold one driver's license from any particular country. When I went back to the U.S. I just went to the DMV and they took my picture and printed me another one. No mention of sending my old, expired one back.

It seems that the governments (at least not those in charge of driving licenses) don't communicate as closely as one may think.

[linkster]

Thanks for the info, Phelps.

I knew that as Polish citizen, my wife can live and work anywhere in the EU with a few exceptions. However, the following suggests that I, as her spouse, can also live and work in EU countries as well.

"Right to reside with worker in host country
If you are an EU migrant worker, the following family members, whatever their nationality, have the right to reside with you in the host country:
your spouse;"

Then,

"Right to work

Members of the family who have the right of residence in the host country have the right to work in that country, whatever their nationality. No work permit may be required from members of the family who are non-EU nationals. They have the right to equal treatment, including the award of social advantages."

This was from your third link: http://ec.europa.eu/social/main.jsp?catId=463&langId=en

[spiral78]

In 2000-2003, my Czech husband was posted to the Netherlands - where I was NOT allowed to work until his international company swung a special deal for the non-EU spouses of its staff.

However, this may well have changed. It would be logical to allow a non-EU spouse to have a work permit so long as his/her partner is working legally.

For some reason, I was picturing the OP without his Polish spouse, armed with only a temporary residence card, hoping to land legal work in France or somewhere equally tough.

[linkster]

If I go traipsing off to Madrid, my wife will be going with me.

[spiral78]

Logically

[wildphelps]

I am happy I could help - and I agree that knowledge of the rules around the EU is much less than one could hope for (especially in the newer EU countries).

These laws/guidelines make sense one one level - despite nationality if a person is living legally, he/she should be able to seek and to obtain work legally to support himself/herself or a family.

But they only work if everyone is well-intentioned, earnest, and not out to play the system (like collecting unemployment benefits in several countries at once).