Residence Card Vs. Residence Permit?

zees · Post by **zees** » Tue Sep 01, 2009 8:12 pm

Me and my girlfriend an EU citizen, and plan to marry. So, can I have few questions.

1. Is it easier to apply for Residence Card or its easier if we go to her home country and apply for Residence permit instead of residence card?
(Which has more benefits, and what are benefits? )

2. Which is shorter way to get permanet residene?

3. What is duration of Residence Card? Is it for 1 year, 2 years or longer?

4. As we both are students, is there any income requirement (especially for Non-Eu partner) to get Residence card?

Thank you very much for your time.

ejw4h9 · Post by **ejw4h9** » Tue Sep 01, 2009 9:05 pm

What country are you from? What country is she from? How long have you been together? Do you live together? When are you marrying?
1. If neither you nor her are resident in her home country, you may have difficulties obtaining residence (i.e. you aren't resident there, you don't get residence).
2. More info on nationalities/relationship status needed.
3. It depends on what kind/where you get your residence card. Many are issued for 1 year to begin with, but not under all circumstances.
4. Again, it depends. If you are residing in the country of her nationality, it is up to that nation's laws. I can speak for one country, Austria, that did require us to show proof of income for a residence card (issued under national law).

zees · Post by **zees** » Tue Sep 01, 2009 9:37 pm

thanks for your reply.

ejw4h9 · Post by **ejw4h9** » Wed Sep 02, 2009 12:55 pm

I'm assuming that you're on a student visa? Do you plan on living in Sweden or Finland? I would say that you won't qualify for much prior to your marriage. After your marriage, you can apply for a visa on the grounds of being the family member of an EU citizen. However, Finland probably won't give you residency if you're not actually residing there. If you do intend on living in Finland, you'll likely be bound by Finnish national law as she is a citizen. I'm not sure if the Directive would apply if you two were to move to Finland after your marriage...it depends on whether she was considered "settled" in Sweden I suppose.

zees · Post by **zees** » Wed Sep 02, 2009 9:03 pm

thanks, if i apply in sweden after marriage, will there be any problem?
also, i heard residency card is valid for 5 years, is it so? what if something goes wrong with relationship during these years? will my residency be cancelled? or i'd be allowed to stay?

ejw4h9 · Post by **ejw4h9** » Wed Sep 02, 2009 11:56 pm

Yes, you'll apply in Sweden after your marriage. As far as a divorce is concerned, I have no idea. If I were to guess, I would say that, as a foreigner, you may forfeit some rights. Again, I have no idea. Without making any accusations, I would like to say that if you're questioning a divorce before you've even made the decision to marry that maybe you should reconsider the prospect. Depending upon where you marry, your relationship may be examined. Mine was and I had to offer proof that it wasn't a marriage of convenience. Just some food for thought.

86ti · Post by **86ti** » Thu Sep 03, 2009 8:18 am

zees wrote: what if something goes wrong with relationship during these years? will my residency be cancelled?

EU regulations require 3 years of marriage in total of which 1 year must be spent in the host member state. Sweden may have relaxed rules.

Post by **Obie** » Thu Sep 03, 2009 12:43 pm

You are not thinking or planning ahead about separation before you even enter into the marriage, i hope? This is queer. I hope you are entering into this relationship in good faith.

[b] Directive 2004/38 [/b] wrote:
Article 35
Abuse of rights
Member States may adopt the necessary measures to refuse,
terminate or withdraw any right conferred by this Directive in
the case of abuse of rights or fraud, such as marriages of convenience.
Any such measure shall be proportionate and subject to
the procedural safeguards provided for in Articles 30 and 31

If however this is just an "hypothetical scenario" kind question, then i retract my suspicion.

charles4u · Post by **charles4u** » Thu Sep 03, 2009 3:32 pm

Obie wrote:You are not thinking or planning ahead about separation before you even enter into the marriage, i hope? This is queer. I hope you are entering into this relationship in good faith.

[b] Directive 2004/38 [/b] wrote:
Article 35
Abuse of rights
Member States may adopt the necessary measures to refuse,
terminate or withdraw any right conferred by this Directive in
the case of abuse of rights or fraud, such as marriages of convenience.
Any such measure shall be proportionate and subject to
the procedural safeguards provided for in Articles 30 and 31
If however this is just an "hypothetical scenario" kind question, then i retract my suspicion.

Its really a funny question his asking b4 getting married, predicting if his relationship goes wrong.

zees · Post by **zees** » Thu Sep 03, 2009 5:38 pm

i didnt mean to sound like a stupid, but i wanted to get an idea for the worst situation. As in reality you can never predict what can go wrong in life.

charles4u · Post by **charles4u** » Thu Sep 03, 2009 6:00 pm

zees wrote:i didnt mean to sound like a stupid, but i wanted to get an idea for the worst situation. As in reality you can never predict what can go wrong in life.

I personally just thought you shouldnt hope or expect that but anyway as far as I know...some EU countries requires minimum of 5years living together while some like Romania requires 3 years and I heard Holland requires just 2 years.

zees · Post by **zees** » Thu Sep 03, 2009 9:54 pm

just a basic question. if get married and spend an year in an EU country and then move to other EU country, will the time period start from beginning again? or the one year living in previous country will be considered in whole process?
for example, i live in sweden for one year, and then move to finland with my wife and want to get residency in finland, will the one year lived together in sweden be counted in process of finland or it will be start from 0?
thanks

charles4u · Post by **charles4u** » Fri Sep 04, 2009 4:09 am

zees wrote:just a basic question. if get married and spend an year in an EU country and then move to other EU country, will the time period start from beginning again? or the one year living in previous country will be considered in whole process?
for example, i live in sweden for one year, and then move to finland with my wife and want to get residency in finland, will the one year lived together in sweden be counted in process of finland or it will be start from 0?
thanks

No it wont be counted (starts from 0), they will issue you a new residence card for family member for 5yrs (under Finland).

Even after 4 years you go to Denmark...same thing again.

AlexandraSweden · Post by **AlexandraSweden** » Sat Oct 03, 2009 1:47 pm

I live in Sweden and as far as am aware, you do not have to be married to get residency and this applies to both EU and national permits
Since you are already here on a student permit, you can visit the migration board and apply for Sambo visa since you guys plan to move in together.

It should be very simple procedure for you...

Rozen · Post by **Rozen** » Sat Oct 03, 2009 1:55 pm

charles4u wrote:I heard Holland requires just 2 years.

Three!

yustynne · Post by **yustynne** » Sat Oct 03, 2009 8:16 pm

Hello everybody, i see you are discussing about Sweden so maybe you can advice sth to me as well. I have read Sweden immigration website but it was confusing. I was searching for the requirements for EU national who lives in Sweden and wants to take his/her non-EU national spouse. As i uniderstood he must first apply for a Schengen visa from his home country and only after for RC inside Sweden. Is it truth? Or can he apply for RC from his home country? Does somebody know how much income do i have to show per month as an employee if i want to take my spouse?

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Residence Card Vs. Residence Permit?

Residence Card Vs. Residence Permit?