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moroni
Junior Member
Joined: 21 Sep 2011
Posts: 36
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 Posted: Sat Feb 18, 2012 9:55 pm Post subject: |
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Maybe that PDF is out-of-date
I found this in the MOI website
| Quote: | | The legal status of a long-term resident in the European Community in the Czech Republic can likewise be recognised for a family member of an EU citizen who is not an EU citizen. |
Also
| Quote: | | If you are a family member of an EU citizen – a non-EU citizen – and you apply for a permanent residency permit after 5 years of continuous temporary residence, the MOI, in the event of a positive decision, recognises the legal status of long-term resident in the European Community in the Czech Republic if you expressly request this in the application for issuing a permanent residence permit. If this status is not recognised at the same time as the permanent residence permit, it can subsequently be recognised after meeting the conditions for recognising it. |
And I think you are wrong in your last point, since the Permanent Residence Card for Non-EU Nationals is different of the Permanent Residence Card for a Family Members of an EU Citizen.
So if your partner has the blue booklet, the PR will be the same but green, also stating that your parter is a Family Member of an EU citizen. |
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mastermind
Member of Standing
Joined: 01 Nov 2007
Posts: 149
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| Posted: Sat Feb 18, 2012 10:43 pm Post subject: |
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| Quote: | | NOTE If you are granted status of an EU citizen family member you do not have the right to apply for a long-term EU resident status. It is not possible to cumulate types of status when each of them brings certain advantages. |
Looks like Czech bureaucrats (or whoever wrote that PDF) got the EU law wrong. Because:
1. The "status of an EU citizen family" is not "granted", one rather exercises their right of freedom of movement and this way acquires the "status", and not as a result of it being "granted" by someone. (except non-straightforward cases like extended family members etc.) See European Commission's guide on the freedom of movement for details: http://ec.europa.eu/justice/policies/citizenship/docs/guide_2004_38_ec_en.pdf
2. The Directive on long term residency (2003/109/EC) lays down the conditions for the acquisition of long term resident's permit pretty exhaustively, and "not being a family member of an EU citizen" is NOT one of them. See http://europa.eu/legislation_summaries/justice_freedom_security/free_movement_of_persons_asylum_immigration/l23034_en.htm |
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moroni
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Joined: 21 Sep 2011
Posts: 36
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| Posted: Mon Feb 20, 2012 8:56 am Post subject: |
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I've heard the phrase "We don't care about the EU, this is the Czech Republic and we have our own rules" more times than you can imagine.
For example, the Directive 2004/38/EC also has an exhaustive list of requirements, but Czechs have their own extra requirements |
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Rolfus
Member of Standing
Joined: 12 Sep 2010
Posts: 160
Location: Europe
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| Posted: Thu Jun 28, 2012 10:40 am Post subject: |
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Four months after submitting the application, my partner was called back to the foreign police to sign a new form. They also wanted excruciatingly exact details of my tax and social security situation in Czech Rep right up to May of this year, and to see her health insurance (again). Very odd, because my partner's residence status is as mother of our EEA national child, not as my partner. The foreign police said it was because she applied for EU permanent residence at the same time as Czech permanent residence that everything is complicated.
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civis europeus sum |
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Rolfus
Member of Standing
Joined: 12 Sep 2010
Posts: 160
Location: Europe
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| Posted: Thu Aug 09, 2012 1:53 pm Post subject: |
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They have now asked for my tax assessment notice for 2011. This is extraordinary: at the time the application was submitted I had not even submitted my tax return for 2011 – and I wasn't late!
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civis europeus sum |
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mastermind
Member of Standing
Joined: 01 Nov 2007
Posts: 149
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| Posted: Sat Sep 15, 2012 5:48 pm Post subject: CJEU C-508/10 |
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The Court of justice of the European Union ruled back on 26 April 2012 (Case C-508/10 European Commission v Kingdom of the Netherlands) that those countries that charge hundreds of euros in application fees failed to fulfil their obligations under the Directive 2003/109/EC.
I guess the European Commission is supposed to take action against those countries which do it following this judgement, so things should change soon in this regard if they have not changed already.
As per last year's European Commission's report there are six countries that do this kind of thing:
| Quote: | | In this regard, the following group of Member States: BG, CY, EL, FR, NL and PT, in which fees range from 260 euro to 600 euro, can be seen as problematic. |
Also, an interesting question is whether those who already paid the extortionate fees will be refunded 
I suggest that everyone affected write to the European Commission and ask them. Here is the link: http://ec.europa.eu/eu_law/your_rights/your_rights_forms_en.htm
Interesting parts from the judgement:
| Quote: | 68. Having regard to the objective pursued by Directive 2003/109 and the system which it puts in place, it should be noted that, where the third-country nationals satisfy the conditions and comply with the procedures laid down in that directive, they have the right to obtain long-term resident status as well as the other rights which stem from the grant of that status.
69. Therefore, while it is open to the Kingdom of the Netherlands to make the issue of residence permits under Directive 2003/109 subject to the levying of charges, the level at which those charges are set must not have either the object or the effect of creating an obstacle to the obtaining of the long-term resident status conferred by that directive, otherwise both the objective and the spirit of that directive would be undermined. |
| Quote: | | 77. However, it should be noted that, in the present case, the amounts of the charges claimed by the Kingdom of the Netherlands vary within a range in which the lowest amount is about seven times higher than the amount to be paid to obtain a national identity card. Even if Dutch citizens and third-country nationals and the members of their families to whom Directive 2003/109 relates are not in identical situations, such a variation illustrates the disproportionate nature of the charges claimed pursuant to the national legislation in issue in the present case. |
| Quote: | Operative part
On those grounds, the Court (Second Chamber) hereby:
1. Declares that, by applying (i) to third-country nationals seeking long-term resident status in the Netherlands, (ii) to those who, having acquired that status in a Member State other than the Kingdom of the Netherlands, are seeking to exercise the right to reside in that Member State, and (iii) to members of their families seeking authorisation to accompany or join them, excessive and disproportionate administrative charges which are liable to create an obstacle to the exercise of the rights conferred by Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents, the Kingdom of the Netherlands has failed to fulfil its obligations under that directive;
2. Orders the Kingdom of the Netherlands to pay the costs;
3. Orders the Hellenic Republic to bear its own costs. |
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Rolfus
Member of Standing
Joined: 12 Sep 2010
Posts: 160
Location: Europe
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| Posted: Fri Nov 30, 2012 5:21 pm Post subject: |
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 Hurrah!
My partner finally got her long term residence of the EU. It was issued as a plastic card, two months after her book confirming permanent residence of the Czech Republic.
Total elapsed time since the application ten months.
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civis europeus sum |
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moroni
Junior Member
Joined: 21 Sep 2011
Posts: 36
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| Posted: Fri Nov 30, 2012 5:41 pm Post subject: |
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| Rolfus wrote: | Hurrah!
My partner finally got her long term residence of the EU. It was issued as a plastic card, two months after her book confirming permanent residence of the Czech Republic.
Total elapsed time since the application ten months. |
A plastic card? That's interesting.
How does this card look like? Does she have now two kinds of "Residence Cards", the green booklet and the EC card? Or the "old" booklet is not valid anymore?
I've heard that czechs finally will start giving plastic cards instead of the communist -style booklets as residence cards, maybe she got one of those new cards. |
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Rolfus
Member of Standing
Joined: 12 Sep 2010
Posts: 160
Location: Europe
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| Posted: Sat Dec 01, 2012 2:47 pm Post subject: |
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Two weeks ago they gave her an old-style booklet as her Permanent Residence of the Czech Republic, and told her to come back in two weeks for her Permanent Residence of the EEA card, which is like a credit card.
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moroni
Junior Member
Joined: 21 Sep 2011
Posts: 36
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| Posted: Sat Dec 01, 2012 3:24 pm Post subject: |
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| Rolfus wrote: | | Two weeks ago they gave her an old-style booklet as her Permanent Residence of the Czech Republic, and told her to come back in two weeks for her Permanent Residence of the EEA card, which is like a credit card. |
So she has two valid documents? That's weird.
For example, in Italy the Permanent Residence Card and the EC Long Term Residence Card are the same document, just one card.
Could you upload a photo of the card? Deleting the sensible data, of course. |
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