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carte de sejour in france for my non-EU family member

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

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kellyman
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Joined: Mon Mar 22, 2010 9:31 pm

carte de sejour in france for my non-EU family member

Post by kellyman » Fri Nov 25, 2011 8:46 pm

Can the great members of this forum with much knowledge on European immigration help me with my query.

My situation is that ii am a british and my wife is a non-EU national currently in france. Her short stay schengen Visa has been expired. During her visa application, about 5 months ago, i acted as her sponsor though i wasnt an EU national by then.

Though the french authorities know that she is my wife, they didn't know by then she was going to exercise her treaty rights. i wasnt an Eu national during her application.

As her expired schengen visa was not issue under Eu law, can we still go ahead and proceed with the application or would the french authorities require her to go back to her country of origin to reapply.

and if not what is the procedure we can use to apply for her first residence card. Any help will be much appreciated

Thanks all in advance
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EUsmileWEallsmile
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Joined: Fri Oct 07, 2011 8:22 pm

Post by EUsmileWEallsmile » Fri Nov 25, 2011 10:18 pm

Forget the past; it's not relevant. If you are now British and exercising treaty rights in France then your wife only needs to submit her passport, your marriage certificate and your residence card.
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kellyman
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Joined: Mon Mar 22, 2010 9:31 pm

Post by kellyman » Fri Nov 25, 2011 10:48 pm

Thanks very much EUfam for ya quick reply. My only problem is which residence card were you referring to submit my passport and marriage certificate?
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Directive/2004/38/EC
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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 » Sat Nov 26, 2011 12:10 am

kellyman wrote:My only problem is which residence card were you referring to submit my passport and marriage certificate?
I am not sure I understand your question.
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kellyman
Newly Registered
Posts: 17
Joined: Mon Mar 22, 2010 9:31 pm

Post by kellyman » Sat Nov 26, 2011 2:30 pm

Hi Directive, my question was can i apply for residence card for my wife in france with her expired schengen visa which wasn't issued to her based on my EU nationality as i wasn't an EU national during her time of application. I hope my question is more clearer now . Thank you
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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 » Sat Nov 26, 2011 3:27 pm

Answer in general is YES.

She is your wife and your are (I assume) legally in France. So she can apply for a Residence Card.

If you have ANY problems, let us know!

Just to confirm: what are you doing in France? Are you working?
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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 » Sat Nov 26, 2011 8:19 pm

By the way, worth reading:
http://eumovement.wordpress.com/2011/07/19/ecj-c-15703/
and
MRAX http://eur-lex.europa.eu/LexUriServ/Lex ... 003:EN:PDF
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