Residence Permit to non-EU citizen (family)

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Naf9
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Residence Permit to non-EU citizen (family)

Post by Naf9 » Thu Mar 09, 2006 1:06 pm

Today my husband and I have been together for 4 years!

Well... we are not together at the moment because I am Danish and he is not allowed residence permit in Denmark (We can not meet the economical requirements set by Danish immigration law).

So... we are about to apply for residence permit for my Cameroonian husband. We want to apply on the basis of the law of free movement for workers (I am now working in Turku).

Now we are pondering the requirements. Does anyone have experiences to share?

(Forgive me for quoting, but please read on...)
I found this in an (unofficial) translation of FInland's "Aliens Act", and have some questions...:

"(3) A further requirement for an EU citizen’s family member or other relative as referred to in section 159 (1)(2) or (1)(3) is that the family member or other relative has sufficient funds for his or her residence and, if necessary, health insurance.
A residence card is issued to a Nordic citizen’s family member even if the family member has no secure means of support.
The requirement for issuing a residence card to a Nordic citizen’s other relative is that the relative has sufficient funds for his or her residence and, if necessary, health insurance."

Q:

1.) Does that mean that as an Nordic citizen I do not need to give proof that I can support my family?

2.) Healtinsurance - Do they ask for it at all? Any links or tips to where he can get it?

3.) The "Aliens Act" keeps refering to the best interests of the child. I guess they mean cases regarding childrens residence permits. But is it likely they will take in to consideration that we have a child together (and the father is not allowed to live in her mothers country & her mother is afraid of the health of a small girl in her fathers country).

Thanks!

Best wishes,
Henriette



Residence Permit to non-EU citizen (family)

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sy
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Post by sy » Thu Mar 09, 2006 2:08 pm

I'm no expert on this kind of issue. But I think your husband should have no trouble to apply for the residence card.

Answer 1: Yes, as a Nordic citizen you don't need to give proof that you can support your family.

Answer 2: As it says, health insurance is only asked from a Nordic citizen's other relatives. Your husband is your family member, not other relative, so the health insurance is not required at all.

Answer 3: Even if you had no child together, your husband's residence card should be granted. Of course, since now you have a child together, Finnish authority cannot refuse your husband's residence card at all.


I read that it's quite common for those mixed Danish couples to move to live in Malmö, Sweden for several years (since it's quite close to Denmark). When the foreign spouse gets the Swedish citizenship, then the couple can move back to Denmark. Strict and stupid Danish immigration law!

moon
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visa

Post by moon » Sun Mar 12, 2006 11:12 am

filnad a sweden have easy laws about this
denmark how ever changed alot
i dont think ou will have any problems here with visa for your husbent
actuly i used to know 2 franch turkish girls who lived here both got marrid with a turkish man
a 1 of them got him from turki he had no problem to get visa either

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efx
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Re: visa

Post by efx » Sun Mar 12, 2006 11:26 am

moon wrote:both got marrid with a turkish man
nooo :lol:
fighting with hatred feeds the rich men

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daryl
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Post by daryl » Sun Mar 12, 2006 3:18 pm

sy wrote: Answer 1: Yes, as a Nordic citizen you don't need to give proof that you can support your family.

Answer 2: As it says, health insurance is only asked from a Nordic citizen's other relatives. Your husband is your family member, not other relative, so the health insurance is not required at all.

Answer 3: Even if you had no child together, your husband's residence card should be granted. Of course, since now you have a child together, Finnish authority cannot refuse your husband's residence card at all.

I read that it's quite common for those mixed Danish couples to move to live in Malmö, Sweden for several years (since it's quite close to Denmark). When the foreign spouse gets the Swedish citizenship, then the couple can move back to Denmark. Strict and stupid Danish immigration law!
This is also my understanding of the case. I should add that this is simply a reflection of European Community law, which requires a Member State to admit the family members of EU citizens exercising their right to reside in that Member State regardless of the nationality or previous domicile of those family members.

A more interesting issue arises regarding the point at which your family can apply exactly the same Community Law principles to support your move from Finland to Denmark. There is obviousluy no definite answer to this, but I recall reading somewhere that six months is long enough to establish residence in another Member State before this right becomes enforceable. Naturalised immigrants have employed a similar manoeuvre in the United Kingdom when the British government refuses admission to their spouses from abroad: first the couple move to live together in another Member State pursuant to Community Law, and then they move to the UK as a couple based on the same Community Law principles.

As you are working in Finland, I suspect that the period may be less than six months, as evasion of Danish immigration regulations is more difficult to prove when the Danish citizen has taken up specific employment in another Member State and then been joined by a spouse from a third country. AFAIK the UK cases simply involved staying with relatives for a few months in another Member State.

In certain special circumstances the right of a family to remain together in the territory of a State Party to the European Convention on Human Rights also outweighs the State's interest in excluding a family member who is a third country national. This is worth exploring, but it requires a detailed study of your family's precise circumstances and of the ties that you and your child have to Denmark.

daryl
Wo ai Zhong-guo ren

moon
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Re: visa

Post by moon » Mon Mar 13, 2006 11:01 am

efx wrote:
moon wrote:both got marrid with a turkish man
nooo :lol:
what?
was a sample of e.u member living in finland with non e.u

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efx
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Re: visa

Post by efx » Mon Mar 13, 2006 6:18 pm

moon wrote:
efx wrote:
moon wrote:both got marrid with a turkish man
nooo :lol:
what?
was a sample of e.u member living in finland with non e.u
Nothing, we've discussed something related to this. It's fine, no problem. :wink:
fighting with hatred feeds the rich men

Naf9
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Post by Naf9 » Wed Mar 15, 2006 10:53 am

Thanks for your replies moon, sy, daryl and efx!

Yes we are using the EU law of free movement for workers. We attached a short letter to explain the situation and make them aware of this and also underline the fact that I am Nordic citizen and the best interests of the child. I hope that will be fine and hopefully help them to make the decision quick.

We will bring the application to the police tomorrow morning. We just have to go ahead and try it.

It is true that you can use the law reverse and go back to Denmark, but it is a complicated issue and has not been tried that much yet. So far Danish people are living in Sweden with their spouses. In the future I think a lot of them will try to get back. That will be interesting. Danish immigration law is not in compliance with the UN human rights, this is also the oppinion of EU. Still Danish government is only changing the laws slightly. They think it works to it end: preventing arranged forced marriages. I really never thought that these strict immigration laws of liberal/right wing government would persevere for so long...

Argan

Post by Argan » Wed Mar 15, 2006 3:49 pm

I don't understand. I believe that in Finland you can get citizenship automatically if you are married to a citizen. That is not the case in Denmark?

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Hank W.
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Post by Hank W. » Wed Mar 15, 2006 4:08 pm

Denmark doesn't believe in "true love".

And in Finland it isn't "automagical" - you need to go through the same hoops , getting residence is easier.
Cheers, Hank W.
sitting here like a lemon looking for a gin.

Naf9
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Post by Naf9 » Fri Mar 17, 2006 11:01 am

Wauuw!

We went yesterday and they gave him 5 years residence permit on the spot! What a surprise. Great!! :D :D :D

Best wishes,
Henriette

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Hank W.
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Post by Hank W. » Fri Mar 17, 2006 11:39 am

Ah, all that worrying to waste :lol:
Now comes the hard part of finding work and so forth...
Cheers, Hank W.
sitting here like a lemon looking for a gin.

Naf9
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Post by Naf9 » Fri Mar 17, 2006 3:08 pm

:D Yep!

We are happy, all three of us!

Well, we are full of hope. He will soon be engineer in Electrical Engineering. There should be lack of those -also in Finland. The good thing is that he can start already to apply and no worries - we have the Res.permit already... :D


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