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E.U Residency card

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AlexandraSweden
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E.U Residency card

Post by AlexandraSweden » Wed Dec 12, 2007 8:21 pm

Hello,

I was wondering if anyone can tell me E.U countries that are currently fully implementing the E.U directive? My husband E.U citizen) and myself (third country with valid shengen visa) are thinking of moving to a different E.U country and we have read that countries like Denmark are requiring that the third country national hold E.U residency elsewhere before they can apply in Denmark.

Does anyone know any countries with or without this requirements?
Last edited by AlexandraSweden on Thu Dec 13, 2007 11:43 am, edited 1 time in total.

Wanderer
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Ireland

Re: E.U Residency card

Post by Wanderer » Wed Dec 12, 2007 10:32 pm

AlexandraSweden wrote:Hello,

I was wondering if anyone can tell me E.U countries that are currently fully implementing the new directive? My husband E.U citizen) and myself (third country with valid shengen visa) are thinking of moving to a different E.U country and we have read that countries like Denmark are requiring that the third country national hold E.U residency elsewhere before they can apply in Denmark.

Does anyone know any countries without this requirement?

Thanks...
What directive?
An chéad stad eile Stáisiún Uí Chonghaile....

AlexandraSweden
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Re: E.U Residency card

Post by AlexandraSweden » Wed Dec 12, 2007 10:35 pm

[/quote]

What directive?[/quote]

Sorry, I mean The Directive 2004/38/EC on the right of the EU citizens and their family members to move and reside freely within the territory of the Member States.

Thanks

sakura
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Re: E.U Residency card

Post by sakura » Thu Dec 13, 2007 3:32 pm

AlexandraSweden wrote: Sorry, I mean The Directive 2004/38/EC on the right of the EU citizens and their family members to move and reside freely within the territory of the Member States.

Thanks
Most countries would have that Directive, but some countries seem to implement extra requirements (see the "Ireland" section for more details on this...). I only know of Ireland requiring this, though - most of the other countries don't seem to have any other conditions attached.

What country are you thinking of moving to? In the UK it is known as "EEA Family Permit" but other countries might have a different name; anyway, it is (more than) possible to move across the EEA, but you'd need to be with your spouse for this.

AlexandraSweden
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Re: E.U Residency card

Post by AlexandraSweden » Thu Dec 13, 2007 3:42 pm

sakura wrote:
AlexandraSweden wrote: Sorry, I mean The Directive 2004/38/EC on the right of the EU citizens and their family members to move and reside freely within the territory of the Member States.

Thanks
Most countries would have that Directive, but some countries seem to implement extra requirements (see the "Ireland" section for more details on this...). I only know of Ireland requiring this, though - most of the other countries don't seem to have any other conditions attached.

What country are you thinking of moving to? In the UK it is known as "EEA Family Permit" but other countries might have a different name; anyway, it is (more than) possible to move across the EEA, but you'd need to be with your spouse for this.
Thanks for your response, since Denmark has attached an extra requirement as well as Ireland, we are now looking at Spain and wonder if anyone here has information on the procedure in Spain?

JA13I
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Post by JA13I » Thu Dec 13, 2007 11:39 pm

This is the procedure for Spain and even though outdated, still remains the procedure to apply there.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Dec 14, 2007 8:58 pm

Where are you located presently? Where do you want to live? How long have you been married?

AlexandraSweden
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Post by AlexandraSweden » Sat Dec 15, 2007 12:18 pm

Directive/2004/38/EC wrote:Where are you located presently? Where do you want to live? How long have you been married?
We are currently in Sweden. My husband is swedish. We have been married only a few months but we have a histroy of 2yrs together. We would like to move to a european country that would not require that I have prior residency in another member state.

Wanderer
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Ireland

Post by Wanderer » Sat Dec 15, 2007 12:27 pm

AlexandraSweden wrote:
Directive/2004/38/EC wrote:Where are you located presently? Where do you want to live? How long have you been married?
We are currently in Sweden. My husband is swedish. We have been married only a few months but we have a histroy of 2yrs together. We would like to move to a european country that would not require that I have prior residency in another member state.
Surely as the spouse of an EU national you have the right to live in any EU country with your husband without preconditions?
An chéad stad eile Stáisiún Uí Chonghaile....

AlexandraSweden
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Post by AlexandraSweden » Sat Dec 15, 2007 12:43 pm

Wanderer wrote:
AlexandraSweden wrote:
Directive/2004/38/EC wrote:Where are you located presently? Where do you want to live? How long have you been married?
We are currently in Sweden. My husband is swedish. We have been married only a few months but we have a histroy of 2yrs together. We would like to move to a european country that would not require that I have prior residency in another member state.
Surely as the spouse of an EU national you have the right to live in any EU country with your husband without preconditions?
I have realized that some countries have a precondition that I must have resided legally in another E.U member state.This is true for Denmark am not sure about other E.U countries. A lot of conflicting info online. I do not currently hold a residence permit in Sweden, I am only here on a tourist visa and all my visits in the past have been with a tourist Visa.

I dont want to try to apply for swedish residency cos it will take 9 months and I have to wait in my home country and also I am not allowed to visit Sweden during the process. This is the reason we are looking at other alternatives.

I have never overstayed my visa and and as of now, I still have a valid shengen visa.

Any help will be appreciated.

Richard66
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Post by Richard66 » Sun Dec 16, 2007 6:42 pm

The request for residency in another EU state is illegal. If every single country were to ask for this, how would anyone ever manage to apply for reisdence cards? To apply for a new one, you already need to have one? Ridiculous!

AlexandraSweden
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Post by AlexandraSweden » Sun Dec 16, 2007 8:34 pm

Richard66 wrote:The request for residency in another EU state is illegal. If every single country were to ask for this, how would anyone ever manage to apply for reisdence cards? To apply for a new one, you already need to have one? Ridiculous!
I know it illegal and they told us in Denmark that we are allowed to complain or take their decision to court.. I dont think am ready to waste my time with those dearly beloved people so we are currently looking elsewhere, maybe some of the new E.U and shengen countries.

Richard66
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Post by Richard66 » Mon Dec 17, 2007 8:24 am

Don't fall in for this: make a complaint to the European Commission, write a petition to the European Parliament! It's free and you'll be doing all of us a service. I've done it.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Dec 17, 2007 12:12 pm

I would strongly recommend that you become very aware of the contents of Directive 2004/38/EC. Read it and reread it (see the link at the bottom of this posting). This is the most recent codification of an EU citizen and their family to travel freely in the EU.

Note that because your spouse is Swedish, Sweden is only required to apply EU law when you are living in another EU country and seeking to return to Sweden. Any member state can be more generous than this with it’s own citizens, but most are not.

You do not say which languages you speak.

Because I know you speak English, I would suggest you come to the UK. You can apply for what the UK calls an “EEA family permitâ€

AlexandraSweden
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Post by AlexandraSweden » Mon Dec 17, 2007 12:21 pm

[quote="Directive/2004/38/EC"]I would strongly recommend that you become very aware of the contents of Directive 2004/38/EC. Read it and reread it (see the link at the bottom of this posting). This is the most recent codification of an EU citizen and their family to travel freely in the EU.

Note that because your spouse is Swedish, Sweden is only required to apply EU law when you are living in another EU country and seeking to return to Sweden. Any member state can be more generous than this with it’s own citizens, but most are not.

You do not say which languages you speak.

Because I know you speak English, I would suggest you come to the UK. You can apply for what the UK calls an “EEA family permitâ€

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Dec 17, 2007 12:38 pm

Sorry, let me step back.

You already have a Schengen visa. That allows you to take up residence TODAY in any of the (non-Swedish) Schengen countries with no additional formalities. (This assumes you are travelling and living with your EU citizen spouse and that your spouse is working or studying or is looking for work (know as “exercising treaty rightsâ€

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