spouse visa extension of a Permanant resident

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aditayap
Posts: 13
Joined: Thu Jan 20, 2011 3:26 pm

Re: spouse visa extension of a Permanant resident

Post by aditayap » Mon Jul 06, 2015 2:23 pm

betelgeuse wrote: What basis do you use for the rights of the family? It might follow from the family oriented general European human rights, but you won't find support for it in the Aliens Act.
My assumption is based on EU guidelines for Non EU long-term residents

http://eur-lex.europa.eu/legal-content/ ... ERV:l23034

It state long term resident status covers family members as well and "Long-term residents enjoy enhanced protection against expulsion. The conduct on which expulsion decisions are based must constitute an actual and sufficiently serious threat to public policy or public security. Such decisions may not be founded on economic considerations".

Inside Finland Permit P is same as P-EU. So my assumption is based on that.



Re: spouse visa extension of a Permanant resident

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betelgeuse
Posts: 4363
Joined: Thu Aug 29, 2013 1:24 am

Re: spouse visa extension of a Permanant resident

Post by betelgeuse » Mon Jul 06, 2015 2:51 pm

aditayap wrote:
betelgeuse wrote: What basis do you use for the rights of the family? It might follow from the family oriented general European human rights, but you won't find support for it in the Aliens Act.
My assumption is based on EU guidelines for Non EU long-term residents

http://eur-lex.europa.eu/legal-content/ ... ERV:l23034
That page states:

"In order to obtain long-term resident status, non-EU nationals must prove that they have, for themselves and their family (if dependent):

stable resources sufficient to live without recourse to the social assistance system of the EU country concerned;"
aditayap wrote: It state long term resident status covers family members as well and "Long-term residents enjoy enhanced protection against expulsion. The conduct on which expulsion decisions are based must constitute an actual and sufficiently serious threat to public policy or public security. Such decisions may not be founded on economic considerations".
I read the directive differently. My interpretation of that text alone is the same as Finnish Aliens Act (which implements the linked directive). The family member is not protected from expulsion before acquiring long-term residence for themselves.
aditayap wrote: Inside Finland Permit P is same as P-EU. So my assumption is based on that.
I would go search case law on Article 8 of ECHR:

https://en.wikipedia.org/wiki/Article_8 ... man_Rights

aditayap
Posts: 13
Joined: Thu Jan 20, 2011 3:26 pm

Re: spouse visa extension of a Permanant resident

Post by aditayap » Mon Jul 06, 2015 3:08 pm

betelgeuse wrote: That page states:

"In order to obtain long-term resident status, non-EU nationals must prove that they have, for themselves and their family (if dependent):
stable resources sufficient to live without recourse to the social assistance system of the EU country concerned;"
Agree, but that is requirement for obtaining Permanent Resident status. In his case he already has permanent residence.


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