Lithuanian residence card for 5 years for non eu spouse

[zose]

Can somebody have an idea about lithuanian residence card for 5 years of non eu spouse of lithuanian nationals living in ireland.i have a lithuanian residence card for one year and i got extended twice but second time they extend it for one year only.
if anyone could help me in this above matter that how can i get a 5 year residence card because as i am spouse of lithuanian national but we living in irl.
would be appricated.

[Ben]

Please confirm - are you resident in Ireland, Lithuania or both?

[zose]

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.

[Ben]

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.

1. Will you be absent from Ireland for more than 6 months at a time?
2. Will you be staying in Lithuania for longer than 3 months at a time?

[zose]

yes we staying in lithuania more then three months every year.

[86ti]

On what basis do you exercise your treaty rights in Lithuania? Work? Self-sufficient?

You must be aware that EU law allows the issuance of a residence card for less than 5 years. I guess what the Lithuanians do here is to reassess you every time because your residence for more than six months (is that correct?) is in Ireland.

[Ben]

yes we staying in lithuania more then three months every year.

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:

You have the right of residence in Lithuania, for the first three months from entry, without any conditions or formalities other the condition to hold a valid passport / ID card.

Beyond three months, you continue to have the right to reside in Lithuania if your spouse engages in economic activity there. If so, you should apply for a Residence Card, which will be valid for 5 years from the date of issue or for the envisaged period of residence of your spouse, if this period is less than five years. It's validity will not be affected by absences from Lithuania for periods less than 6 months.

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.

[86ti]

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.

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:NOT

[Ben]

What do you mean by 'economic activity'?

Employment or self-employment.

I wonder if the Eind case wouldn't be applicable here, see http://eur-lex.europa.eu/LexUriServ/Lex ... 291:EN:NOT

Never heard of that case before - thanks for the link! Is it me, or is it a little contradictory?

Scroll to the end..:

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.

and then..

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.

So.. which then? Or have I read it wrongly?

[86ti]

I wonder if the Eind case wouldn't be applicable here, see http://eur-lex.europa.eu/LexUriServ/Lex ... 291:EN:NOT

Never heard of that case before - thanks for the link! Is it me, or is it a little contradictory?

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.

[flyboy]

The following link from the danish site explains clearly how Danish nationals who have exercised a treaty rights in another EU country can return with their 3rd country family members under EU law back to Denmark. Suppose the same principle should apply to other EU nationals returning to their original country with their 3rd country family members as well.


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

[86ti]

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

So their interpretation of the Eind case is that they cannot ask for proof that the returning national can support him-/herself and the family?

[zose]

thanks very much for dis information.but i still dont know exactly under wat procedure i need to apply five year resisedence card for lithuania coz i asked them last time and they told me you can get for one year only and i need to extend every year.

[86ti]

So far we only know that you are staying more than 3 months in Lituania. But is your 'main' residence in Ireland for more than 6 months a year? If so you may not be entitled to a longer residence card in Lithuania. BTW, is the residence card you have now a national one or EEA?

[zose]

thanks for dat.could u explain 2 me what does it mean BTW residence card?

[86ti]

thanks for dat.could u explain 2 me what does it mean BTW residence card?

Sorry, BTW = by the way. I just wanted to confirm what type of residence card you have now from Lithuania.

[zose]

alright.i have temporary residence card frm lithuania valid for one year and its my second year now but i had same last year and again i extend it this year and i was expecting frm them five year but they extend it for one year again.
i honestly don't know that what kind of way do i need to apply that can get 5 year because its bit hassle to extend each year.
the reason i want 5 year coz i have property on rent there on my nd my wife name and 4 to put ur finger in any legal activity dier u have to have a residence status.u know wat i mean...