decision made

[vla]

You got 5 years on your very first RP application ?????

It's not a residence permit application, it's a residence permit card.

[Upphew]

You got 5 years on your very first RP application ?????

It's not a residence permit application, it's a residence permit card.

Residence card: https://migri.fi/en/residence-card-for-family-members

[vla]

You got 5 years on your very first RP application ?????

It's not a residence permit application, it's a residence permit card.

Residence card: https://migri.fi/en/residence-card-for-family-members

Yes, thanks for the correction!

[sijazme]

5 year cards are granted to family members of EU citizens (other than Finland). This card is issued under EU Law. It is not a resident permit. It is a card that basically endorses your right to live here.

1 or 2 year resident permits are granted to family members of Finnish Citizens and other residents. This resident permit is issued under national law and not EU law. National law of any country is usually more restrictive than EU law.

An Article 10 residence card of 5 years is a document which is issued under EU law (‘the Free Movement Directive’) by EEA Member States to non-EEA family members of EEA nationals who are exercising free movement rights in another Member State than that of their nationality.

For example, the non-EEA spouse of a Iceland national who is living and working in Finland may be issued with an Article 10 residence card by the Finland authorities.

Another example, your French wife living in Spain will allow you to apply for a 5 year card. The same French wife in France will allow you to apply for only 1 year card. In essence, you are granted more rights if your EU spouse lives outside her own country.

(I should be a lawyer)

[vla]

In essence, you are granted more rights if your EU spouse lives outside her own country.

...and you are not an EU/EEA citizen, otherwise it's the same and doesn't matter if your spouse is EU citizen or Finnish.

[sijazme]

...and you are not an EU/EEA citizen, otherwise it's the same and doesn't matter if your spouse is EU citizen or Finnish.

Yes this advice is for applicants who are non EU themselves, which I thought was the whole point of having a migration forum in the first place. You are not EU and your spouse is EU.

Why some people are given 5 year cards and others are given 2 years?

Referring to cases where a spouse resident permit application is dealt under EU law simply because the non EU applicant's spouse is EEA citizen residing outside their own country, and this affects the length of the residence permit issued. 2 years resident permit issued under national law and 5 years under EU law. The nationality of the sponsor combined with their chosen country of residence determines which law will be applied. If your EU spouse doesn't live in their own country but another EU country then you will receive a 5 year card.

Also, if I was an EU member myself, I would not be going through all the trouble of applying for a residence card either, I could just register at the local office. My advice is valid for people who are not EU themselves and applying for family resident permits.

[vla]

My advice is valid for people who are not EU themselves and applying for family resident permits.

That's what I meant... Because you are clarifying that now but not in your previous post, hence my clarification.

[Maeke]

Thank you guys /ladies for the clarifications!

[Arel80]

How you recived ypur decisio?is it thru enterfinland?by mail?or by txt messages from immigration?