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non-eu married to eu - long stay France

Discussion in 'Immigration France' started by mmeprice, Jan 17, 2006.

  1. mmeprice

    mmeprice Member

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    I am a dual EU citizen my husband and children are American.
    My situation is this:

    We planned to live in France for one year, rented out our house stored our stuff, quit our jobs etc. We went to the consulate in US before planning our trip to get a long stay visa. We were told we didn't need one because I am an EU citizen and that we should go, stay for the tourist period (90 days) and then go to the prefecture and apply for residence cards on the spot.

    Today we went to apply for our residence cards as their 90 days are up as of yesterday and we were told we couldn't get a residence card.

    My questions are these:
    1. Am I asking for the right thing?

    2. Was I told the correct thing when I went to the consulate?

    3. How can they stay here without having to return to the US, apply for the long stay, wait for 2-3 months until it arrives, and then return?

    I have read through all the similar posts in this forum area but I'm not really clear on what we need to do. Any help is appreciated and time is of the essence.

    thanks
     
  2. Triple H

    Triple H Addicted member

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    Are you in France already,are you working?,If so,even throught the the third (US)party,THEYR`RE WRONG!
     
  3. mmeprice

    mmeprice Member

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    Clarification

    Thanks for your response! Who is wrong exactly?

    We are here in France; we are not working in France but are telecommuting to the US.
     
  4. Triple H

    Triple H Addicted member

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    Have you been paid by the Americans,can you prove that?
     
  5. mmeprice

    mmeprice Member

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    clarification

    Yes, we have a contract and a letter
     
  6. Triple H

    Triple H Addicted member

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    Have a look @
    http://europa.eu.int/youreurope/nav/en/ ... es/en.html


    For you different rules may apply , but I do not see the problem.

    Did they give you a reason?
     
  7. Triple H

    Triple H Addicted member

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    EU citizens have the right to enter, reside and remain in the territory of any other Member State for a period of up to three months simply by presenting a valid passport or national identity card: no other formality is required. If they intend to remain for a period exceeding three months, a residence permit must be obtained. The conditions for granting a residence permit depend on the status of the citizen (employed or self-employed person, student, retired or inactive person).

    Any EU citizen can take up an economic activity in another Member State either as an employed or self-employed person. In this case, he/she will be issued a residence permit by simply presenting an identity document (passport or ID) and proof of employment or self-employment.

    If a citizen wants to reside in another Member State without exercising any activity or to study, he/she can do so provided he/she can prove (and in the case of students, declare) that he/she has sufficient financial resources not to become a burden for the host Member State's social assistance system and that he/she is covered by a sickness insurance policy. He/she must also prove that he/she has sufficient financial resources and sickness insurance for each member of his/her family who is entitled to reside with him/her.

    Family members, irrespective of their nationality, have the right to accompany and establish themselves with a EU citizen who is residing in the territory of another Member State. Family members who can enjoy rights under Community law include the spouse, minor (under 21) or dependent children, and dependent ascendants, though in the case of students only the spouse and dependent children enjoy this right. If the family members are not EU citizens, they may be required to hold an entry visa by the Member State where they intend accompany the EU citizen. They shall be granted this visa free of charge and with all facilities by that Member State.

     
  8. mmeprice

    mmeprice Member

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    More...

    Thank you. That does sound like our situation. So what should I ask for when I go back to the prefecture? Should I quote this law? Do my husband and children need long stay visas for this law to apply to us?

    Our main goal is to be able to remain here until November without having to go back, apply for the long stay, wait 3 months for it to arrive, and then return. Is this possible? I am rushed in finding out as we just yesterday signed a rental contract for 9 months and I need to know whether to cancel it before it goes into effect.

    I appreciate greatly your assistance.
     
  9. Triple H

    Triple H Addicted member

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    Why did they refuse you in the first place?
    Have you got medical insurance for yourself and your family?
    Yes, you can claim that you got the job,self-sufficient,just go there and throw your weight around big time! :twisted:
     
  10. mmeprice

    mmeprice Member

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    More..

    I am going to the prefecture this afternoon with a french friend so that I can make sure I am clear. I will quote this law. I'll let you know what I find out.

    Thanks again.
     
  11. mmeprice

    mmeprice Member

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    Success!

    When we went to the prefecture, I quoted the law, which caused the woman to pull out a reference book and look for other options. She found the law I quoted and gave me a new list of items for the 5-year card. We apply directly on Monday.

    Thank you!
     
  12. Triple H

    Triple H Addicted member

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    :D

    Very good news indeed!!!
    Have a great time with your family in lovely France ;)
     
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