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1. Will you be absent from Ireland for more than 6 months at a time?zose wrote:we living in ireland but also we staying in lithuania for few months every year as well.also we bought a property in lithuania as well.
Assuming that your Lithuanian spouse is engaged in economic activity in Ireland, and your intention is to enter Lithuania in the company of, or to join, your spouse:zose wrote:yes we staying in lithuania more then three months every year.
What do you mean by 'economic activity'? I wonder if the Eind case wouldn't be applicable here, see http://eur-lex.europa.eu/LexUriServ/Lex ... 291:EN:NOTbenifa wrote:If your spouse does not engage in economic activity after the initial three months from entry, your right to reside in accordance with EU law will have ceased.
Employment or self-employment.86ti wrote:What do you mean by 'economic activity'?
Never heard of that case before - thanks for the link! Is it me, or is it a little contradictory?86ti wrote:I wonder if the Eind case wouldn't be applicable here, see http://eur-lex.europa.eu/LexUriServ/Lex ... 291:EN:NOT
and then..On those grounds, the Court (Grand Chamber) hereby rules:
1. In the event of a Community worker returning to the Member State of which he is a national, Community law does not require the authorities of that State to grant a right of entry and residence to a third-country national who is a member of that worker’s family because of the mere fact that, in the host Member State where that worker was gainfully employed, that third-country national held a valid residence permit issued on the basis of Article 10 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Council Regulation (EEC) No 2434/92 of 27 July 1992.
So.. which then? Or have I read it wrongly?2. When a worker returns to the Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No 1612/68 as amended by Regulation No 2434/92, which applies by analogy, to reside in the Member State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities. The fact that a third-country national who is a member of a Community worker’s family did not, before residing in the Member State where the worker was employed, have a right under national law to reside in the Member State of which the worker is a national has no bearing on the determination of that national’s right to reside in the latter State.
It sounds also contradictory to me but I usually find it very hard to read such legalese. I would think, however, that it means that the EU national can return home without continuing to be economically active.benifa wrote:Never heard of that case before - thanks for the link! Is it me, or is it a little contradictory?86ti wrote:I wonder if the Eind case wouldn't be applicable here, see http://eur-lex.europa.eu/LexUriServ/Lex ... 291:EN:NOT