EU FAMILY MEMBER RESIDENT APPLICATION IN LITHUANIA?????????

[El shaddai]

Has anybody got a clue about what the european law says.A friend of mine is a non eu national but married to an EU Citizen from Lithuania in ireland.he s got EUFAM 4 in ireland for five years base on their marriage.they decided to apply for the same EU Treaty Right Application in Lithuania after submitting loads of documents and it takes about 11 months for them to make a decision but at last to his suprised instead of him to get 5 years residence card, he was given 1 year and need to be renew every year till 5 years.He asked them why 1 year and not 5 years?but they said he is subjected to their own law and not Eu law.Now he need to resubmit each year same documents for renewer of the residence card.Is this normal?is that what the Eu law says?could this be an act of beloved or hatred?What can he do to fight for his right?every little contribution will be appreciated.

[Wanderer]

Has anybody got a clue about what the european law says.A friend of mine is a non eu national but married to an EU Citizen from Lithuania in ireland.he s got EUFAM 4 in ireland for five years base on their marriage.they decided to apply for the same EU Treaty Right Application in Lithuania after submitting loads of documents and it takes about 11 months for them to make a decision but at last to his suprised instead of him to get 5 years residence card, he was given 1 year and need to be renew every year till 5 years.He asked them why 1 year and not 5 years?but they said he is subjected to their own law and not Eu law.Now he need to resubmit each year same documents for renewer of the residence card.Is this normal?is that what the Eu law says?could this be an act of beloved or hatred?What can he do to fight for his right?every little contribution will be appreciated.

Research the Surinder Singh ruling - tho the Lithuanians might just not be interested....

Udachi im!

[86ti]

Please, do not cross post in so many subfora.

What nationality is the EU national? In any case, from your description it appears that the Lithuanian authorities are wrong. The friend would have to be assessed according to Directive 2004/38/EC which the Lithuanian should have transposed into their national legislation.

[Wanderer]

Please, do not cross post in so many subfora.

What nationality is the EU national? In any case, from your description it appears that the Lithuanian authorities are wrong. The friend would have to be assessed according to Directive 2004/38/EC which the Lithuanian should have transposed into their national legislation.

OP said 'EU Citizen from Lithuania'.....

[86ti]

Please, do not cross post in so many subfora.

What nationality is the EU national? In any case, from your description it appears that the Lithuanian authorities are wrong. The friend would have to be assessed according to Directive 2004/38/EC which the Lithuanian should have transposed into their national legislation.

OP said 'EU Citizen from Lithuania'.....

Good, then the Surinder Singh case is indeed the starting point as you suggested. Now we need to know if the Lithuanian national was either employed or self-employed while in Ireland and for how long.

[ciaramc]

First off Duplicate post!

Second the OP never actually said they left Ireland just that they applied for a RC in Lithuania??

I have experienced this in the past....was informed by the DOJ in Ireland that I would have to apply under Irish national law even though I had been working in another EU state for 8 years....I soon followed up and sure enough the EU treaty rights section emailed me and informed me that I was indeed right they would process my case under EU law! But that was after I wrote a very strong email outling the law???

Back to the OP - can you still keep your 5 year residence card issued in Ireland even if you have gone to live and work in another EU state? I know in Italy if you leave the country for longer than 6 months they can revoke your RC? Is there a similar rule in Ireland?

[86ti]

Back to the OP - can you still keep your 5 year residence card issued in Ireland even if you have gone to live and work in another EU state? I know in Italy if you leave the country for longer than 6 months they can revoke your RC? Is there a similar rule in Ireland?

The Directive itself says that up to 6 months of absences per year (longer in special cases) are allowed, see Article 16(3). Of course, Ireland can choose to allow longer periods...

[ciaramc]

Ah really good to know....!

[El shaddai]

The wife is a Lithuanian Citizen,and they lives there on and off within 12 months as he said.but i dont think it matters weather they are working there or not and there s nothing to do with ireland i supposed.Lithuania is and Eu member state and i think they are subject to the Eu directives but in this case i think it s very wrong of them given only 1 years and asking for lots of documents.Can somebody correct me if i am wrong.

[Ben]

OP - how many threads are we having on this topic?

[86ti]

The wife is a Lithuanian Citizen,and they lives there on and off within 12 months as he said.but i dont think it matters weather they are working there or not and there s nothing to do with ireland i supposed.Lithuania is and Eu member state and i think they are subject to the Eu directives but in this case i think it s very wrong of them given only 1 years and asking for lots of documents.Can somebody correct me if i am wrong.

In principle, it should be possible, I think. Under EU regulations you need a residence card if you stay longer than three months in a member state which means that you could get one from more than once country. In practice, however, you will have to demonstrate that you are exercising your right to free movement in some way, i.e. have sufficient income and comprehensive sickness insurance (would and EHIC be sufficient cover in the state you live less than six months?).

My understanding is that a RC can be issued for less than five years. But you say that the Lithuanians didn't apply the EU directive despite you thinking that it may be a Surinder Singh case. Please keep in mind that this case means that your friend would have to have been a worker or self-employed in another member state for a certain period to be able go down that route. And, as it has already been pointed out do the Lithuanians actually obey this ruling.