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Family reunification under EU law

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

Family reunification under EU law

Post by flyboy » Mon Jun 15, 2009 2:33 pm

I know from previous posts that an EU national can make use of EU law for family reunfication when returning back to country of origin, when having exercised his/her treaty rights in another member state , if he/she was a worker or self employed. However , it seems following the Metock ruling, students and self sufficient persons which have resided in another EU/EEA Member State are also eligible for family reunification under EU law upon their return to their country of origin. The following link taken from the danish site.
Does anyone know if other member states allow their nationals to make use of EU law when having exercised their treaty rights in another member state as a student or self sufficient person?

http://www.nyidanmark.dk/en-us/faq/fami ... eu-law.htm

Is a Danish national eligible for family reunification under EU law if s/he has stayed in another EU/EEA Member State without having a job or otherwise being economically active?
Yes, it follows from the Metock judgment that students and self-supporting persons who have resided in another EU/EEA Member State are also eligible for family reunification under EU law upon their return to their country of origin.

Danish nationals are required to have had genuine and effective residence in the EU/EEA Member State in which they resided as students or self-supporting persons. This means that it must be a genuine move.

The move must be real, and a short stay at, for example, a hotel room is not sufficient.

Students must have enrolled at a private or public educational institution accredited or financed by public authorities according to legislation or administrative practice for the purpose of following a course of study, including a vocational course, at such institution. Students must also be able to support themselves and their family during such a stay.

Self-supportive persons must dispose of such income or means for their own and their family members' support that, based on to a concrete assessment, they are presumed not to become a burden on the public authorities. In other words, self-supportive persons are not eligible if they have received any social assistance during their stay in another EU/EEA Member State.

Where an application is made for spousal reunification, the marriage is also required to be genuine

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jun 17, 2009 11:29 pm

That is a super link. Amazingly well laid out and presented. And all this from the Danish immigration authority! Wow!

Rozen
Diamond Member
Posts: 1177
Joined: Wed Feb 28, 2007 6:09 pm
Location: Nederland

Post by Rozen » Thu Jun 18, 2009 8:58 am

Directive/2004/38/EC wrote:That is a super link. Amazingly well laid out and presented. And all this from the Danish immigration authority! Wow!
Yes. Very clear, concise and to the point! Wish more countries would do the same... Most of them are so vague, and one wonders if it's a convenient ploy to make it difficult for people to understand what their rights actually are. Well done Denmark!

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