EU Residence Card

nstark · Post by **nstark** » Wed Jan 14, 2015 9:16 pm

Hello everyone! I am an American dating a Finn and we are planning to move to Europe this summer. He plays hockey and is planning to play in Europe, however, we don't know exactly where we'll end up to begin with (it could be Finland, but could also be a different EU country). We have been planning this move for a while, originally planning for me to apply for my Finnish residence permit as a family member, since we do meet the 2-year minimum of living together in a relationship. I've completed my application and was planning a trip to New York (I've been told by an honorary Finnish Consulate that I must go in person to submit my application to the Finnish Consulate in NYC or LA), but upon more research, I am thinking a Finnish residence permit will not be enough to permit me to live in other EU countries, should we end up somewhere else due to his hockey.

I found some information about applying for an EU residence permit (the link: http://europa.eu/youreurope/citizens/re ... dex_en.htm) and it almost seems too simple. If I am understanding this correctly, I would not apply for any type of resident permit until I have been there for 3 months. It also doesn't seem to warrant much other information to apply.

My question is, has anyone else applied for an EU residence permit? Would this be a better option than applying for a Finnish residence permit? We plan to move in July, and from the research I have done, in terms of a Finnish residence permit, it is highly encouraged to apply BEFORE entering the country, which is why I am leery of the EU permit, which instructs to apply after having been there 3 months. But seeing as we may not know where he will be playing until soon before we need to pick up and go, I don't want to leave anything to chance.

Any advice on this is greatly appreciated.

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Pursuivant · Post by **Pursuivant** » Wed Jan 14, 2015 9:50 pm

The thing is, you would need to have that 2 years cohabitation (or get married, even las vegas style), then you need to actually *move to Finland* so much that you are in "books" as a resident. Then, to whichever EU country you move you are within the "EU free movement" paragraphs as you are moving "from another EU country". If you move straight from the USA then you are a foreigner and the EU rules don't apply.

There is no such thing as an "EU residence permit" you can apply as a blanket RP. You are confusing something.. Long term blue card after 5 years residence? Its for phd's at CERN, not hockeywives...

nstark · Post by **nstark** » Wed Jan 14, 2015 10:08 pm

I thought that did seem far too easy. So, in your opinion, what would be my best option? Apply for a Finnish residence permit, even though it is likely we may not end up there right away (and if I apply for nothing, it is quite a lot of money to fly to NYC, plus the cost of the application itself...) or wait until we know, which as I stated, may not be until soon before we need to leave. Is it too unfavorable to apply in Finland? Even if we don't end up stayin there, we are planning to at least be there for part of the summer, so I'm wondering if it would be better to just wait, but I also don't want to shoot myself in the foot by waiting and then not being able to get a permit.

betelgeuse · Post by **betelgeuse** » Wed Jan 14, 2015 10:36 pm

nstark wrote:We have been planning this move for a while, originally planning for me to apply for my Finnish residence permit as a family member, since we do meet the 2-year minimum of living together in a relationship.

Then how do you plan on satisfying the conditions for family member? The two options are cohabitation and marriage.

nstark wrote: I found some information about applying for an EU residence permit (the link: http://europa.eu/youreurope/citizens/re ... dex_en.htm) and it almost seems too simple. If I am understanding this correctly, I would not apply for any type of resident permit until I have been there for 3 months. It also doesn't seem to warrant much other information to apply.

When Europeans move to other countries they just need to register their right of residence and don't need residence permits. This extends to their family members. In EU you can make your own citizens worse of than other EU countries which is what Finland is doing. When you move to Finland, you need to apply for residence permit but elsewhere you can just register your right of residence. The conditions are set in national legislation so they vary. However, it's mandated that some rules exists for what qualifies as cohabitation.

nstark wrote: My question is, has anyone else applied for an EU residence permit? Would this be a better option than applying for a Finnish residence permit? We plan to move in July, and from the research I have done, in terms of a Finnish residence permit, it is highly encouraged to apply BEFORE entering the country, which is why I am leery of the EU permit, which instructs to apply after having been there 3 months. But seeing as we may not know where he will be playing until soon before we need to pick up and go, I don't want to leave anything to chance.

Forget the Finnish permit unless you are going to Finland. Most permit types should (law says must but does not seem to be fully enforced) be applied abroad. Family members can apply in Finland.

nstark wrote:Even if we don't end up stayin there, we are planning to at least be there for part of the summer, so I'm wondering if it would be better to just wait, but I also don't want to shoot myself in the foot by waiting and then not being able to get a permit.

Being a registered in any EU country, allows you to come to Finland as tourist up to 90 days.

nstark · Post by **nstark** » Wed Jan 14, 2015 10:51 pm

betelgeuse wrote:
nstark wrote:We have been planning this move for a while, originally planning for me to apply for my Finnish residence permit as a family member, since we do meet the 2-year minimum of living together in a relationship.
Then how do you plan on satisfying the conditions for family member? The two options are cohabitation and marriage.

[/quote]

We DO satisfy the two year cohabitation minimum, so I don't foresee that part being a problem.

nstark · Post by **nstark** » Wed Jan 14, 2015 11:02 pm

I should also mention that I do have a job. I teach ESL (English as a Second Language) online and am able to teach from anywhere in the world, so I will also be able to be able to prove a source of income (even though, as I understand, this isn't necessary when applying with the cohabitation condition...). I'm not so much worried about the actual applying itself, as much as the "when" and "where" of it all.

betelgeuse · Post by **betelgeuse** » Wed Jan 14, 2015 11:42 pm

nstark wrote:
betelgeuse wrote: Then how do you plan on satisfying the conditions for family member? The two options are cohabitation and marriage.
We DO satisfy the two year cohabitation minimum, so I don't foresee that part being a problem.

Misread. Sorry.

nstark wrote:I should also mention that I do have a job. I teach ESL (English as a Second Language) online and am able to teach from anywhere in the world, so I will also be able to be able to prove a source of income (even though, as I understand, this isn't necessary when applying with the cohabitation condition...). I'm not so much worried about the actual applying itself, as much as the "when" and "where" of it all.

You apply following the rules and procedures of the country you eventually move to. EU directives are put into practice through national legislation.

caster · Post by **caster** » Thu Jan 15, 2015 12:09 am

Go for "Residence Card" instead of Residence Permit.

RC is for NON EEA national family member of a EEA National

Residence cards are issued to family members of EEA nationals who are not themselves EEA nationals. If his/her EEA national family member is exercising Treaty rights in other EEA state, a third country national may request that s/he is issued with a residence card as confirmation of his/her right of residence under EC law.

This is if your partner is exercising his right to move and live in another EEA country.

nstark · Post by **nstark** » Thu Jan 15, 2015 3:04 am

Pursuivant wrote: There is no such thing as an "EU residence permit" you can apply as a blanket RP. You are confusing something.. Long term blue card after 5 years residence? Its for phd's at CERN, not hockeywives...

I'm sorry, my terminology was off. I am referring to an EU Residence Card.

nstark · Post by **nstark** » Thu Jan 15, 2015 3:11 am

betelgeuse wrote:
When Europeans move to other countries they just need to register their right of residence and don't need residence permits. This extends to their family members. In EU you can make your own citizens worse of than other EU countries which is what Finland is doing. When you move to Finland, you need to apply for residence permit but elsewhere you can just register your right of residence. The conditions are set in national legislation so they vary. However, it's mandated that some rules exists for what qualifies as cohabitation.

Thank you for clarifying. As you said, it sounds like Finland perhaps makes it more difficult than other EU countries. Up to this point, I had only looked into a Finnish residence permit, since our end destination is still unknown.

From the posts so far, it sounds as though my best option (and someone please correct me if I am wrong) would be to skip getting the Finnish residence permit at this time, and for whatever country we end up in, I will (most likely, depending on the country) only need to register my right of residence as family of an EU member? If this is the case, and I can be confident that I won't get a slap on the wrist for not applying before entering a country, this certainly seems like the best option. And will save me about $1,000+ between the fee for the Finnish permit and flying to New York to submit my application in person.

Upphew · Post by **Upphew** » Thu Jan 15, 2015 8:34 am

nstark wrote:Thank you for clarifying. As you said, it sounds like Finland perhaps makes it more difficult than other EU countries. Up to this point, I had only looked into a Finnish residence permit, since our end destination is still unknown.

From the posts so far, it sounds as though my best option (and someone please correct me if I am wrong) would be to skip getting the Finnish residence permit at this time, and for whatever country we end up in, I will (most likely, depending on the country) only need to register my right of residence as family of an EU member? If this is the case, and I can be confident that I won't get a slap on the wrist for not applying before entering a country, this certainly seems like the best option. And will save me about $1,000+ between the fee for the Finnish permit and flying to New York to submit my application in person.

Best option is to pick a country, check their rules and follow them.

Pursuivant · Post by **Pursuivant** » Thu Jan 15, 2015 11:46 am

Yeah, but the EU is "excercizing his right" moving FROM one EU country to another. Moving from USA is not "excersizing EU".

caster · Post by **caster** » Thu Jan 15, 2015 1:12 pm

Pursuivant wrote:Yeah, but the EU is "excercizing his right" moving FROM one EU country to another. Moving from USA is not "excersizing EU".

Her boyfriend is moving from Finland to other EU country to play hockey - provided he lives there, work there and pay taxes there or merely register as a job seeker - he is exercising his right as an EEA citizen - and if she being non eea national (US) wish to joins him in that EEA country then she need to apply for RC from that specific country.

betelgeuse · Post by **betelgeuse** » Thu Jan 15, 2015 1:53 pm

Pursuivant wrote:Yeah, but the EU is "excercizing his right" moving FROM one EU country to another. Moving from USA is not "excersizing EU".

Do you have a source for this? At least this section in the relevant directive seems to imply otherwise:

http://eur-lex.europa.eu/legal-content/ ... 38&from=EN

"1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them."

nstark · Post by **nstark** » Thu Jan 15, 2015 8:00 pm

betelgeuse wrote:
Pursuivant wrote:Yeah, but the EU is "excercizing his right" moving FROM one EU country to another. Moving from USA is not "excersizing EU".
Do you have a source for this? At least this section in the relevant directive seems to imply otherwise:

http://eur-lex.europa.eu/legal-content/ ... 38&from=EN

"1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them."

Thank you, Betelgeuse, this is helpful.

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