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Lived in Denmark for 6 years,Can I apply for EC residency

Immigration to European countries, don't post UK or Ireland related topics!

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fysicus
Senior Member
Posts: 767
Joined: Sat May 17, 2008 10:04 am
Location: England
Netherlands

Post by fysicus » Fri Aug 29, 2008 2:32 pm

The link that flyboy gives below is to a predecessor directive, not to the actual directive 2004/38 which has replaced all these predecessors with effect from 1 May 2006 (more than two years ago already).
Directive 2004/38 applies without exception to all EU member states plus Norway, Iceland, Liechtenstein and Switzerland.
Remember a very recent ruling from the European Court of Justice about this against Ireland, which upset the Danes as well!
flyboy wrote:As Sakura mentioned, the UK, Ireland, Denmark don't participate in it.

Here's the link to the Directive and have a look at point 25 and 26 iin the beginning:


http://eur-lex.europa.eu/LexUriServ/Lex ... 053:EN:PDF


25) In accordance with Articles 1 and 2 of the Protocol on
the position of the United Kingdom and Ireland, annexed
to the Treaty on European Union and to the Treaty
establishing the European Community, and without
prejudice to Article 4 of the said Protocol, these Member
States are not participating in the adoption of this Directive
and are not bound by or subject to its application.

(26) In accordance with Articles 1 and 2 of the Protocol on
the position of Denmark, annexed to the Treaty on
European Union and the Treaty establishing the European
Community, Denmark does not take part in the
adoption of this Directive, and is not bound by it or
subject to its application,

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Fri Aug 29, 2008 3:10 pm

fysicus wrote:The link that flyboy gives below is to a predecessor directive, not to the actual directive 2004/38 which has replaced all these predecessors with effect from 1 May 2006 (more than two years ago already).
Why predecessor? 2004/38/EC is about EEA nationals and their family members. The cited 2003/109/EC is about third-country nationals who are long-term residents, i.e. not necessarily family members.

flyboy
Member of Standing
Posts: 255
Joined: Sun Jan 21, 2007 12:32 pm
Location: Geneva / Lausanne,CH
Switzerland

Post by flyboy » Fri Aug 29, 2008 11:45 pm

FYSICUS, as 86ti mentioned, directive 2003/109 has nothing to do with directive 2004/38 which concerns the free movement of EU citizens and their family members. If you go through the following link you will see the directives which are replaced by directive 2004/38.

http://europa.eu/scadplus/leg/en/lvb/l33152.htm

For the record, directive 2004/38 is not applicable to Switzerland, it is not a member state of the EU / EEA , but a member state of EFTA. The free movement of persons agreement concluded between the EU and Switzerland ,which effectively came into effect in June 2002, governs the free movement of EU citizens and their family members between Switzerland and the EU- not directive 2004/38.
At present, Bulgarians and Romanians are considered 3rd country nationals and the swiss will vote next year 2009 on whether to extend the free movement rights to those 2 countries and on whether to continue with the free movement of persons agreement with the rest of the EU.
For directive 2004/38 to be implemented in Switzerland, the swiss will most certainly put it to a referendum and vote on it, as they do with most things concerning the EU, as this directive gives much more rights to EU citizens and their family members, eg. right to permanent residence after 5 years , whereas in Switzerland at present, for any 3rd country national and the 2004 accession EU countries the right to permanent residence is only granted after 10 years, unless you're (1)married to a swiss citizen or a person already holding a permanent residence permit, (2) a citizen of the EU-15 / EFTA, San Marino, Monaco, Vatican, Andorra (3) Canadian or (4) a citizen of the U.S.A ; in which case it is 5 years.

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