HELP - New EU Directive affecting residence on basis of FR

[ephanel]

Hello, I need some urgent advice on what to do regarding a residence permit application. I have been adviced by the Finnish directorate of immigration office dealing with the case "to take my time to decide what to do" = 2 weeks thinking time. Here the story goes:

Myself and my husband are both British citizens living and working in Filand for the last 5 years with two kids. Last August, I applied for a reisidence permit for my mother who is a third country national, she was not in Finland and the application was made at her local embassy. Last January, I reeceived a letter in my home in Helsinki requesting that my mother should cancel her application and get a visiting visa to Finland. On arrival she should take a queue number at the immigration police and apply for an EU family member card. In April my mother once again made the journey to the local embassy and presented a copy of the letter from the Immigration police as well as an invitation letter from myself. She was refunded her initial residence application fees and given a three month visiting visa free of charge. My mother arrived in Helsinki on the 2nd of May. She later went to "take a queue number at the immigration police about a week later. The immigration police requested my tax and salary statements which I provided to them, I was informed she should get her residence card in a "couple of weeks".
After three weeks of no news, I contacted the Immigration police, to my horror I was told that a "new" EU directive had come into effect and as such my mother could no longer be issued an EU family member card, her application had now been sent back to the directorate of immigration.

To cut a long story short, last week the DI gave me a letter - in finnish. She explained that they could not translate the letter to english due to the complicated nature of the EU laws...a verbal unofficial translation was given, that my mother is requested:
1) To cancel the application made to the immigration police for an EU family card because the decision would be negative since the new EU directive came into effect in Finalnd at the end of April 2006.
2) That she would return to her country and await a decision from the DI there.

It seems to methat they are making all this up as they go along...
I have untill this friday to make a decision on what to do. Any help would be highly appreciated.

[network_engineer]

Hi ephanel!

Do you have any idea what Directive are they referring to? I.e. all EU Directives have a number e.g. Council Directive 2003/109/EC.

Maybe some members within the group might have an idea if you can provide the information above.

Cheers.

[Hank W.]

She explained that they could not translate the letter to english due to the complicated nature of the EU laws

They are all in English there. However the "magic number" to find the chapter and verse would indeed be needed, as that place is the pits for random searches.

I have a hunch though this might be related to the 2003/86/EC

[Rosamunda]

So your mother does not have (cannot have?) British citizenship.... that would be sooo much easier?

[sinikettu]

Daryl is the expert try PM'ing him..
bb/profile.php?mode=viewprofile&u=4742
But I am sure I read some other post/Threads that had the same problems basically "mothers" are not to be clasified as "relatives" if they are not EU citizens, even if their children are.

Reason..If a Non EU mother is given residents status she could well have many other children who are also not EU citizens, and the door would then be auto opened for them.

This was not an invention by Finland but apparently until this rule was instituted, some people from the Indian sub continent entered the EU. I believe the UK as students, got qualified, got a job, became citizens, then asked that dependent mum from where-ever be allowed to enter..
When the OK was given...a few weeks later she applied for her 10 kids and their kids to be allowed to enter and reside in the EU.

[network_engineer]

Hi all,

This is merely my opinion and understanding ONLY. Daryl can advise you better.

Hank: Thanks for pulling this one, but is this really the applicable Directive that they could have quoted? Confuses me for the following reasons.

Article 1 of the Directive, states thus: "The purpose of this Directive is to determine the conditions for the exercise of the right to family reunification by third country nationals residing lawfully in the territory of the Member States." I.e. I read this as giving family reunification rights to third country nationals living in the member states and not about EU citizens living in member states. The original posters are UK citizens, so would this Directive be applicable?

Furthermore, Article 4, point 2 (a) states thus, "The Member States may, by law or regulation, authorise the entry and residence, pursuant to this Directive and subject to compliance with the conditions laid down in Chapter IV, of the following family members:
(a) first-degree relatives in the direct ascending line of the sponsor or his or her spouse, where they are dependent on them and do not enjoy proper family support in the country of origin..."

... I.e. parents.

The Finnish Alien's Act Section 154, (1), subclause (3) states thus:

Section 154 – EU citizens’ family members
(1) An EU citizen’s family members are his or her:
3) parents dependent on him or her;

Still further:

Section 161 of the Alien's Act states thus:

- Family members’ and relatives’ residence cards
(1) Upon application, EU citizens’ family members who are not EU citizens are issued with a family member’s residence card if the sponsor meets the requirements laid down in sections 155 and 156 and section 157(3) or 159(1).

As Sinikettu said, Daryl is T.H.E. E.X.P.E.R..T. in this area.

To the original poster, the question still remains - what EC Directive are they referring to?

Hope this helps.

Cheers.

[sy]

...... that my mother is requested:
1) To cancel the application made to the immigration police for an EU family card because the decision would be negative since the new EU directive came into effect in Finalnd at the end of April 2006.
2) That she would return to her country and await a decision from the DI there.

I haven't checked other details of this thread, but my number one advice is "DO NOT cancel the application!" Once the application is pending, the applicant is allowed to stay in Finland legally to wait for the decision. And if the decision is negative, it's much easier to appeal against the decision to the administrative court while you're in Finland.

It seems to me that UVI is again threatening applicants to withdraw the application by saying the decision "would" be negative. In case that it should be negative, why don't they just issue the negative decision! If you withdraw the application, you're just saving UVI a trouble.

[network_engineer]

Hi all,

ephanel: I would tend to agree with Sy. If at all, ask for an appealable decision.

Sy: Are you aware of any changes to the Alien's Act in the recent days? I am not.

Cheers.

[sy]

The directive could be 2003/58/EY(this is in Finnish, I haven't found the English version with number 2003/58/EC. I guess they have messed up with the numbers. Strange!)

It seems that there are several amendments done to the Aliens Act this year. You can check Finlex for the updated version.

[sy]

Really strange! The English version is 2004/58/EC!

What a mess in EU!

[network_engineer]

Hi!

Thanks Sy. Well, even based on these, parents are considered family members.

Cheers.

[Hank W.]

Hank: Thanks for pulling this one, but is this really the applicable Directive that they could have quoted?

Oh, actually not.
3. This Directive shall not apply to members of the family of a Union citizen. its for 3rd country nationals with residence permit applying... So e*if* they quoted that...

BTW I agree with sy (and probably Daryl) lather, rinse, repeat... I mean apply, complain, repeat.

[sinikettu]

Hi!

Thanks Sy. Well, even based on these, parents are considered family members.

Cheers.

Dependent Parents...The word "Dependent" is that which I read was being disputed...and that the amended EU regulation was supposed to clarify.

I have tried to find the thread which Daryl answered...but cant..
If I remember correctly...It was a question from someone who has Finnish residents permit...and is employed here..been here several years.

He wanted to fetch his mother here from I believe the far east.

Was rejected by the ministry because mother was not "totaly dependent" on him...adeqaute social security in her country plus other relatives.
Given as reason.

Daryl said that he should appeal the decision but did not hold much hope.
In this case the mother was not here.

As in your case, she is...that is why they want her to return to wence she came.

Appeal and play for time.

[network_engineer]

Hi Sinikettu,

If I remember correctly that was a case of a third-country national residing in a EU Member state, i.e. Finland, and who wished to sponsor his/her mother to Finland as a dependant. Is that not so?

The original poster and the poster's spouse are EU citizens, it is a different story.

Hank: Rather, rinse, repeat, do you have a better suggestion? I might agree that it is getting to my nerves that e.g. correct interpretations as set by courts etc are not getting shoved (up or down, your choice) in the right direction.

Cheers.

[Hank W.]

Well, it boils down to what directive they are quoting as an excuse. And where the heck has the law changed in between then. I mean the one I quoted about the 3rd country national says that the family member must stay in the 3rd country. But for an EU citizen its a different system alltogether.