Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

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aliown74
Posts: 14
Joined: Mon Oct 22, 2007 10:35 pm
Location: helsinki

Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by aliown74 » Fri Sep 27, 2019 4:07 am

Hi guys.
Brexit is knockin and I am quite confused on what should I do.
I am a UK citizen married to none UK/EU citizens and we have two kids age 3 and 5 both of them holding British passports.
I have a daughter who is 14 years old and she is a dual national Finnish/British and living in finland since 2007, we decided to move to finland and we gonna arrive on the 2nd of October 2019 , I just think to register my right of residence before Brexit for my self and my two kids and apply for a card for my wife as she is a family member of an EU citizen.
Now the points that it's hard to get job in just 4 weeks time or find a suitable permanent accommodation and place kids at nursery so on.
I am just confused should I apply for residence permit for a family member of a Finnish citizen (my eldest child) would be just easier or more complicated then going through the right of residence registration?
Your help is much appreciated
Thanks



Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

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betelgeuse
Posts: 4368
Joined: Thu Aug 29, 2013 1:24 am

Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by betelgeuse » Fri Sep 27, 2019 4:49 am

aliown74 wrote:
Fri Sep 27, 2019 4:07 am
Hi guys.
Brexit is knockin and I am quite confused on what should I do.
I am a UK citizen married to none UK/EU citizens and we have two kids age 3 and 5 both of them holding British passports.
I have a daughter who is 14 years old and she is a dual national Finnish/British and living in finland since 2007, we decided to move to finland and we gonna arrive on the 2nd of October 2019 , I just think to register my right of residence before Brexit for my self and my two kids and apply for a card for my wife as she is a family member of an EU citizen.
Now the points that it's hard to get job in just 4 weeks time or find a suitable permanent accommodation and place kids at nursery so on.
I am just confused should I apply for residence permit for a family member of a Finnish citizen (my eldest child) would be just easier or more complicated then going through the right of residence registration?
Your help is much appreciated
Thanks
Residence permits are more expensive to start with. EU citizens can only get residence permits if they are not eligible to register right of residence. You do not necessarily need a job. You can register based on, for example, sufficient funds in a bank account.

aliown74
Posts: 14
Joined: Mon Oct 22, 2007 10:35 pm
Location: helsinki

Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by aliown74 » Fri Sep 27, 2019 12:11 pm

Thank you for info.

I wonder if I can register on family ties as I am the parent of a Finnish citizen who is under the age of 18 and unmarried child and in this case is there any financial requirements?

betelgeuse
Posts: 4368
Joined: Thu Aug 29, 2013 1:24 am

Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by betelgeuse » Fri Sep 27, 2019 1:40 pm

aliown74 wrote:
Fri Sep 27, 2019 12:11 pm
I wonder if I can register on family ties as I am the parent of a Finnish citizen who is under the age of 18 and unmarried child and in this case is there any financial requirements?
Possibly if the Finnish citizen has used her treaty rights to move out and back to Finland. However, you would still have to find grounds for your family members. They would not seem to qualify for extended family of the Finnish citizen since there has not been a shared household.

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fintel
Posts: 175
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Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by fintel » Sat Sep 28, 2019 6:25 pm

Right of residence registration is always easier than applying for a resident permit. You should do the following:

October 31, 2019 - Brexit Day!

Run, don't walk, to Finland and register your right of residence as an EU citizen before that date. Do this for yourself and your British children. The wife can then join her EU husband in Finland on family grounds. She will apply for a "card for a family member of eu citizen". Make the applications before the key date.

Also in the mean time study the EEA family law case "Surinder Singh" (google it) who did exactly what you are trying to do and won his case in court.

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Maaria
Posts: 186
Joined: Fri Jul 12, 2019 3:49 am

Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by Maaria » Tue Oct 01, 2019 11:13 am

fintel wrote:
Sat Sep 28, 2019 6:25 pm
Right of residence registration is always easier than applying for a resident permit. You should do the following:

October 31, 2019 - Brexit Day!

Run, don't walk, to Finland and register your right of residence as an EU citizen before that date. Do this for yourself and your British children. The wife can then join her EU husband in Finland on family grounds. She will apply for a "card for a family member of eu citizen". Make the applications before the key date.

Also in the mean time study the EEA family law case "Surinder Singh" (google it) who did exactly what you are trying to do and won his case in court.
Non-EU spouse should also apply before 31st October or apply after the right of residence is approved for the EU citizen regardless before or after 31st October?

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fintel
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Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by fintel » Tue Oct 01, 2019 6:52 pm

Maaria wrote:
Tue Oct 01, 2019 11:13 am
Non-EU spouse should also apply before 31st October or apply after the right of residence is approved for the EU citizen regardless before or after 31st October?
The non-EU spouse will derive rights from her UK husband who currently has right of residence in Finland because of the EU treaty. So if the husband is exercising this right of residence right now then she can probably come later but I would advise that both husband and wife arrive at the same time just to be safe. And do this before 31 October, 2019.
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Maaria
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Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by Maaria » Wed Oct 02, 2019 2:24 am

fintel wrote:
Tue Oct 01, 2019 6:52 pm
The non-EU spouse will derive rights from her UK husband who currently has right of residence in Finland because of the EU treaty. So if the husband is exercising this right of residence right now then she can probably come later but I would advise that both husband and wife arrive at the same time just to be safe. And do this before 31 October, 2019.
I am asking this because we are in a similar situation too. I am from UK and already applied for my right of residence based on self employment. I am still waiting for approval. We were thinking of waiting untill approval of my right of residence and then apply for my child and my non EU husband. But you suggest they apply now?

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fintel
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Re: Confused !!!! Resident permit or an EU registration of right of residence?! Please Help

Post by fintel » Wed Oct 02, 2019 11:56 pm

Maaria wrote:
Wed Oct 02, 2019 2:24 am
I am asking this because we are in a similar situation too. I am from UK and already applied for my right of residence based on self employment. I am still waiting for approval. We were thinking of waiting untill approval of my right of residence and then apply for my child and my non EU husband. But you suggest they apply now?
Under no deal, a host of things would change overnight - what critics call the "cliff edge". However, the withdrawal deal would enable them to keep their current freedom of movement and other EU citizenship rights, until 31 December 2020, when the Brexit transition period ends. As for no deal, there is huge uncertainty about what it will mean for Britons living in Finland, Sweden and elsewhere. The priority for most will be to register as residents, but the rules - including deadlines for paperwork - vary from country to country.

British citizens moving after 31 October 2019 would be subject to national provisions for third country nationals, which are less generous in scope. For example, it would be more difficult to live in Finland for longer than three months without a work or study permit.

The EU previously ruled that it would be up to member states, and not the EU, to decide what rights to grant British citizens in their countries, so the level of disruption depends on what they do. The EU's Chief Negotiator for Brexit Michel Barnier confirmed this again in a letter to Brexit Secretary Stephen Barclay on 25 March 2019.

You should ask migri how they wish to treat British citizens in future, but I think your child and non eu husband should wait until your right of residence in confirmed.
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