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Australian married to UK citizen living in France

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LMEB
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Posts: 2
Joined: Thu Apr 21, 2011 9:17 am

Australian married to UK citizen living in France

Post by LMEB » Thu Apr 21, 2011 9:23 am

Any advice welcome!

We have been living in France for 2 years where my husband has been posted for work.

He is British. I am Australian. We have two children, dual nationals of Australia and the UK.

My husband's job will shortly be transferred back to the UK however we would like to stay in France long-term.

I am on a family carte de sejour via my husband.

Would there be a problem renewing my carte de sejour if:
- we stayed in France as a family
- my husband worked in the UK Mon-Thur and commuted back to France Thur-Sun

Does he have to be *working in* France for me to stay or is it sufficient for us to be considered otherwise resident here?

We have savings sufficient to support ourselves, private health cover etc, and he would have documentation of his salary and job in the UK.

I am registered as an autoentrepeneur and would endeavour to continue to set up that business.

Any advice appreciated.

86ti
Diamond Member
Posts: 2760
Joined: Wed Nov 21, 2007 7:07 am

Post by 86ti » Thu Apr 21, 2011 9:45 am

I would think that is perfectly possible but you would first have to find out what views the French authorities have on this. Strategically, it may have been better for your husband to stay and work in France for 3 years. Also because the French couldn't deny the following provision.
Directive 2004/38/EC, Article 17 wrote:1. By way of derogation from Article 16, the right of permanent residence in the host Member State shall be enjoyed before completion of a continuous period of five years of residence by:

[...]

(c) workers or self-employed persons who, after three years of continuous employment and residence in the host Member State, work in an employed or self-employed capacity in another Member State, while retaining their place of residence in the host Member State, to which they return, as a rule, each day or at least once a week.

[...]

LMEB
Newly Registered
Posts: 2
Joined: Thu Apr 21, 2011 9:17 am

Post by LMEB » Thu Apr 21, 2011 7:17 pm

Many thanks.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Apr 22, 2011 3:14 am

If you are thinking of being a cross-border commuter, you might want to read through some of the material at
http://www.google.com/search?q=cross+bo ... ers+europe
including
http://ec.europa.eu/youreurope/citizens ... dex_en.htm

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