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Residence permit from one country, then go to another

Immigration to European countries, don't post UK or Ireland related topics!

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Tue Sep 08, 2009 9:56 pm

Obie wrote:Please note that Spain did not implement this appropriately. They made provision for same gender partner and not for heterosexual unmarried partners.
Which is what I've been saying all along! They do not have that provision in their local laws so therefore cannot implement that part of the directive. '..in accordance with National legislation..' remember.

Sorry for keeping bringing this up but I feel it's germane (not German!!)...
An chéad stad eile Stáisiún Uí Chonghaile....

charles4u
Member of Standing
Posts: 369
Joined: Mon Jul 28, 2008 7:33 pm

Post by charles4u » Tue Sep 08, 2009 11:09 pm

Obie wrote:
[b] Directive 2004/38EC Article 3(2)[/b] wrote:
2. Without prejudice to any right to free movement and
residence the persons concerned may have in their own right,
the host Member State shall, in accordance with its national
legislation, facilitate entry and residence for the following
persons:
(a) any other family members, irrespective of their nationality,
not falling under the definition in point 2 of Article 2 who,
in the country from which they have come, are dependants
or members of the household of the Union citizen having
the primary right of residence, or where serious health
grounds strictly require the personal care of the family
member by the Union citizen;
(b) the partner with whom the Union citizen has a durable
relationship, duly attested.

The host Member State shall undertake an extensive examination
of the personal circumstances and shall justify any denial
of entry or residence to these people.
That is where the rights originate.

In regards to OP's question, i think an application for a normal Schengen visa should suffice for the purpose of entering into member state.

Please note that Spain did not implement this appropriately. They made provision for same gender partner and not for heterosexual unmarried partners.
Bravo !!!

I never knew just registered relationship gets a residence as a family member also, I heard sometime ago about belgium issuing this type of people a residence but for 2 yrs and not the same family member 5yrs permit.

Anyway ...all good.
Charles4u

phil_uk
Newly Registered
Posts: 21
Joined: Mon Aug 31, 2009 6:38 am

post

Post by phil_uk » Wed Sep 09, 2009 7:20 am

Right,,,,, I’ve been confused about this. I thought the doc that an embassy would issue had to state Residence card of a family member of a Union citizen

Now I understand that is what the doc issued in Spain would say.
So does anyone know what is the correct wording that I ask the embassy for in an email? Entry permit for residency later on? Lol or what?

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