Non-EU with PR in EU country married to French citizen

[Sze]

I'm non EU, my spouse is French and we got married in Hungary, where I have permanent residence. We are planning to move to France.

I came across this at an information site. Can anyone confirm this to be true?

Résidents de longue durée - CE: The rules are slightly different for non-EU nationals who have been long-term residents of another EU country (Résidents de longue durée - CE). A third-country national who has resided legally in an EU country for a minimum of five years, need not apply for a visa long séjour and may make their residency application at the Préfecture within three months of their arrival in France.

Also, how long does it usually take for the paperwork to go through before one has status to work? Does it depend on the country of origin?

Thanks.

[Directive/2004/38/EC]

What has your spouse been doing in Hungary? Have they worked?

In general there are two or three routes for you to move to France. The simplest and fastest is to move as the spouse of an EU citizen who has "exercised treaty rights" in another EU member state. The long term residence option is possible, but is likely more complicated. Same for entering under domestic french immigration law.

[Sze]

Hi, thanks for the reply.

Yes he's been working here. Does that make it easier to move as a spouse of an EU citizen? Does which way you move affect work status in any way?

[Directive/2004/38/EC]

If your French spouse has been working in another EU country, then when you return to France you can use EU free movement law (for EU citizens and their non EU family members). So it will now be as easy for you to move to France as it would for a Spanish citizen and their spouse to move to France.

If your French spouse had only visited Hungary to get married, for instance, then you would have to either rely on French national immigration law (possibly based on being a spouse of a French citizen), or on EU long term residence law (which may or may not be well implemented).

In any case, in your present situation, you can move easily back to France on the basis of Eu law. You should be able to easily work in France, and get a Residence Card to prove your right to work.