Is change of RP needed?

28CoffeesADay · Post by **28CoffeesADay** » Tue Jan 24, 2023 3:33 pm

Hi everyone

My wife and I moved to Finland in September 2022, she is a EU citizen and I am not. We have been married for 4ish years. She has now decided she doesn't like it here and would like to go back home, however I would like to stay.
I was issued a RP based on family ties that is valid until September 2027, if my wife decides to move back and we don't get divorced, can I still stay on that RP or would I need to apply for new one?

If we do get divorced but only end of the year, and I have been here for more than a year on the family tie one is there a different RP I can apply for?

Thank you in advance

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betelgeuse · Post by **betelgeuse** » Tue Jan 24, 2023 6:48 pm

28CoffeesADay wrote: ↑
Tue Jan 24, 2023 3:33 pm
Hi everyone

My wife and I moved to Finland in September 2022, she is a EU citizen and I am not. We have been married for 4ish years. She has now decided she doesn't like it here and would like to go back home, however I would like to stay.
I was issued a RP based on family ties that is valid until September 2027, if my wife decides to move back and we don't get divorced, can I still stay on that RP or would I need to apply for new one?

If we do get divorced but only end of the year, and I have been here for more than a year on the family tie one is there a different RP I can apply for?

Are you sure you have a residence permit? Based on your writing you seem to have a residence card for a family member of an EU citizen.

28CoffeesADay · Post by **28CoffeesADay** » Tue Jan 24, 2023 9:39 pm

Yes sorry it is a resident card. Does it stay valid if she leaves?

FinlandGirl · Post by **FinlandGirl** » Wed Jan 25, 2023 5:59 pm

28CoffeesADay wrote: ↑
Tue Jan 24, 2023 3:33 pm
My wife and I moved to Finland in September 2022, she is a EU citizen and I am not. We have been married for 4ish years. She has now decided she doesn't like it here and would like to go back home, however I would like to stay.
I was issued a RP based on family ties that is valid until September 2027, if my wife decides to move back and we don't get divorced, can I still stay on that RP or would I need to apply for new one?

28CoffeesADay wrote: ↑
Tue Jan 24, 2023 9:39 pm
Yes sorry it is a resident card. Does it stay valid if she leaves?

If your wife moves away from Finland, the reason why you were allowed to live in Finland no longer exists:

Migri wrote: The Finnish Immigration Service will cancel the registration of your right of residence or your fixed-term residence card if:

You no longer meet the requirements for registration.
The grounds on which your right of residence was registered no longer exist.

betelgeuse · Post by **betelgeuse** » Thu Jan 26, 2023 8:28 am

28CoffeesADay wrote: ↑
Tue Jan 24, 2023 9:39 pm
Yes sorry it is a resident card. Does it stay valid if she leaves?

Yes.

” prior to initiation of the divorce or annulment proceedings or ter mination of the registered partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has lasted at least three years, including one year in the host Member State”

https://eur-lex.europa.eu/legal-content ... 16&from=EN

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