From UK to Finland action list:

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jaatelo
Posts: 77
Joined: Sun May 09, 2021 1:40 pm

Re: From UK to Finland action list:

Post by jaatelo » Sun May 30, 2021 4:04 am

betelgeuse wrote:
Sun May 30, 2021 1:11 am
Your approach results in unnecessarily waiting for many months and wasting hundreds of euros on application fees.
There is a statue of Gandhi standing at:

Hämeentie 57, Helsinki, Finland

Gandhi spent a life time enacting laws to eject the British from his home country.

I wonder where your values are.



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betelgeuse
Posts: 4350
Joined: Thu Aug 29, 2013 1:24 am

Re: From UK to Finland action list:

Post by betelgeuse » Sun May 30, 2021 8:59 am

jaatelo wrote:
Sun May 30, 2021 1:26 am
betelgeuse wrote:
Sun May 30, 2021 1:11 am
Your approach results in unnecessarily waiting for many months and wasting hundreds of euros on application fees.
I agree with you that the British citizen here should first seek to register his right of residence as an eu citizen and only use a "resident permit" as a secondary option. If you read my post carefully, I advise him to contact migri and ask whether Finland is treating British citizens as EU citizens at the moment. There is no disagreement here.
There is. My suggestion was to register as a family member of an EU citizen.

jaatelo
Posts: 77
Joined: Sun May 09, 2021 1:40 pm

Re: From UK to Finland action list:

Post by jaatelo » Sun May 30, 2021 4:21 pm

betelgeuse wrote:
Sun May 30, 2021 8:59 am
There is. My suggestion was to register as a family member of an EU citizen.
To register as family member of EU citizen, Finland has to recognize the "wife" as an EU citizen (and not a Finnish citizen) for the purposes of granting right of residence to the spouse. The Finnish citizen here would be exercising free movement rights within the territory of the EU member states. For this to happen, Finland has to recognize UK as an EU member state.

And if Finland does THAT, considers UK as a European country, then the husband has right of residence regardless of his martial status.

Yes?

betelgeuse
Posts: 4350
Joined: Thu Aug 29, 2013 1:24 am

Re: From UK to Finland action list:

Post by betelgeuse » Sun May 30, 2021 4:47 pm

jaatelo wrote:
Sun May 30, 2021 4:21 pm
betelgeuse wrote:
Sun May 30, 2021 8:59 am
There is. My suggestion was to register as a family member of an EU citizen.
To register as family member of EU citizen, Finland has to recognize the "wife" as an EU citizen (and not a Finnish citizen) for the purposes of granting right of residence to the spouse. The Finnish citizen here would be exercising free movement rights within the territory of the EU member states. For this to happen, Finland has to recognize UK as an EU member state.

And if Finland does THAT, considers UK as a European country, then the husband has right of residence regardless of his martial status.

Yes?
No.
betelgeuse wrote:
Mon May 24, 2021 12:42 am
FinlandGirl wrote:
Sun May 23, 2021 10:56 pm
Are there existing decisions or case law that this applies to having lived together in a country that is no longer an EU member state?
Aliens Act section 153: "The chapter applies to family members of a Finnish citizen if the Finnish citizen has exercised his or her right of free movement under the Free Movement Directive by settling in another Member State, and the family member accompanies him or her to Finland or joins him or her later."

https://www.finlex.fi/fi/laki/kaannokse ... 040301.pdf

I don't know whether there is case law but given the quite clear wording I don't see why there would need to be. It's the situation at the time of the Finnish citizen moving (and then while living in another member state) that matters. That the member state has since exited (and the transition period ended) seems irrelevant. It's also worth nothing that those under the personal scope of the withdrawal agreement retain the residence rights given by the free movement directive (2004/38/EC).


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