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Going out of EU long durarion on Article-10 RC

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Bobthemoggie
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Posts: 158
Joined: Sun Oct 27, 2013 10:24 pm

Going out of EU long durarion on Article-10 RC

Post by Bobthemoggie » Wed Oct 11, 2017 10:24 am

Hi Guys,

My non-EU family members have Article 10 RC in Netherlands.
Due to unexpected problem with landlord & health and other stuff they need to go out of EU for longer term.

The RC itself is of 5 years.
But consider a scenario- due private renting challenges/ if I loose current residential place, say if they get de-registered in local council.

How long could they stay out of EU & the host member state?
A) to make sure that RC doesn't become invalid & for re-entry purposes
B) We're currently not too bothered about absences for PR- I guess its max. 6 months absenes are permitted.

If I move to another EU country , in meanwhile then - how does the absences work?
Could they still travel on previous member state's RC even if - say they stayed out of EU for slightly more than 6 months (while I establish in new Member state), I still be supporting them financially.

How does travellling to another EU member state , on Article 10 RC issued by another state, works in case of absences?

Kindly advise
Cheers

mgb
Senior Member
Posts: 618
Joined: Tue Dec 17, 2013 8:28 pm

Re: Going out of EU long durarion on Article-10 RC

Post by mgb » Thu Oct 12, 2017 11:18 am

A) Due to directive 2004/38 article 11 section 2 six month.

Bobthemoggie
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Posts: 158
Joined: Sun Oct 27, 2013 10:24 pm

Re: Going out of EU long durarion on Article-10 RC

Post by Bobthemoggie » Fri Oct 13, 2017 9:34 am

mgb wrote:
Thu Oct 12, 2017 11:18 am
A) Due to directive 2004/38 article 11 section 2 six month.
Thanks for your response.
But how it works out, if EU cit moves to another EU counrty, during non-EU FM's absesnse?
2. how will it work if absesne is slightly more than 6 months but non-EU FM joining EU cit in new host counrty?

i.e. say- Netherlands Article 10 RC, non-EU FM goes away for say 7 months, meanwhile EU cit moves to Ireland.
Will non-EU Cit be able to fly on RC directly to Ireland from outside EU?

Cheers

mgb
Senior Member
Posts: 618
Joined: Tue Dec 17, 2013 8:28 pm

Re: Going out of EU long durarion on Article-10 RC

Post by mgb » Fri Oct 13, 2017 12:32 pm

The airline has no access to the schengen databases.
If there are problems with the entry to Ireland you are waiting at the airport.

gokulatti
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Posts: 196
Joined: Wed Mar 01, 2017 9:34 am
Location: Netherlands/Norway

Re: Going out of EU long durarion on Article-10 RC

Post by gokulatti » Wed Oct 18, 2017 2:26 am

There are two things you have to understand, One is legally speaking if the conditions of a RC being issued are not followed any longer than you are supposed to report this immediately, it is your obligation to do so. Second is the RC would still be valid unless it is given in writing that IND is revoking the RC, nevertheless the validity of the RC is primarily connected to the conditions laid out and not the start date- end date. You can argue if they don't find out, then no one gets hurt but then again IMO that is not right.

Now, there are two scenarios, If the Non eu FM lives outside then the RC will be revoked in 6months absence (when they enter schengen again the border officer will know), if you are still supporting them, then they still have the dependent FM status and it is just a matter of applying for a new one since the right of residence comes from directive 2004 and not the RC document. If you move to another MS permanently, they lose the right immediately. Their NL RC gives them right of residence in NL under EU law, there NL RC gives them right of entry for 90 days in any 180 days under schengen law and not EU law.

mgb
Senior Member
Posts: 618
Joined: Tue Dec 17, 2013 8:28 pm

Re: Going out of EU long durarion on Article-10 RC

Post by mgb » Wed Oct 18, 2017 1:37 pm

gokulatti wrote:
Wed Oct 18, 2017 2:26 am
There are two things you have to understand, One is legally speaking if the conditions of a RC being issued are not followed any longer than you are supposed to report this immediately, it is your obligation to do so.
Can you point to this clause in dutch law?
Due to the directive 6 month stay out of the country is allowed and one time 12 month for a special issue.

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