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Regarding Article 16 of 2004/38/EC

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Shasha
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Joined: Wed Mar 14, 2012 2:01 pm
Location: London

Regarding Article 16 of 2004/38/EC

Post by Shasha » Wed Mar 14, 2012 2:10 pm

Hi everyone,,,
I wana know what are the loopholes in Art 16 Right of permanant residence

Thank you

wqzh
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Posts: 18
Joined: Tue May 05, 2009 11:40 pm

Post by wqzh » Wed Mar 14, 2012 3:12 pm

Can you give the detail and the link?

MelC
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Posts: 214
Joined: Wed Aug 18, 2010 9:24 pm
Location: North Africa/EU/UK

Re: Regarding Article 16 of 2004/38/EC

Post by MelC » Wed Mar 14, 2012 4:53 pm

Shasha wrote:Hi everyone,,,
I wana know what are the loopholes in Art 16 Right of permanant residence

Thank you

CHAPTER IV
Right of permanent residence
Section I
Eligibility
Article 16
General rule for Union citizens and their family members

1. Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III.

2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and have legally resided with the Union citizen in the host Member State for a continuous period of five years.

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.

as your post is in immigration for family members, and not actually the eea section, what "loopholes" are you looking for?
MelC

Shasha
Newly Registered
Posts: 2
Joined: Wed Mar 14, 2012 2:01 pm
Location: London

Post by Shasha » Thu Mar 15, 2012 2:23 pm

They said that the case law of court of justice proves thatthe r alot of loopholes which the legislator has left behind,,

What r these loopholes? Do u guys have the answer

MelC
Member
Posts: 214
Joined: Wed Aug 18, 2010 9:24 pm
Location: North Africa/EU/UK

Post by MelC » Sat Mar 17, 2012 4:56 pm

Shasha wrote:They said that the case law of court of justice proves thatthe r alot of loopholes which the legislator has left behind,,

What r these loopholes? Do u guys have the answer
who are "they"?

ECJ case law evolves constantly, I am not so sure its "loopholes" more likely open to interpretation that may at some point be be manipulated in court?

is there something specific that you are looking/hoping for?
MelC

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