Admission Procedures and Rights of TCNs in the EU: Problem - - PowerPoint PPT Presentation
Admission Procedures and Rights of TCNs in the EU: Problem Questions. Dr Diego Acosta Professor of European and Migration Law D.acosta@bristol.ac.uk Twitter @dacostalaw www.diegoacosta.eu Key questions Who is a TCN? Not and EU Citizen.
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15/06/2020
– 1. The Member States shall authorise the entry and residence, pursuant to this Directive and subject to compliance with the conditions laid down in Chapter IV, as well as in Article 16, of the following family members: (a) the sponsor´s spouse.
– 1. When the application for family reunification is submitted, the Member State concerned may require the person who has submitted the application to provide evidence that the sponsor has: – (a) accommodation regarded as normal for a comparable family in the same region and which meets the general health and safety standards in force in the Member State concerned;
rule, the faculty provided for in Article 7(1)(c) of the Directive must be interpreted strictly. Furthermore, the margin for manoeuvre which the Member States are recognised as having must not be used by them in a manner which would undermine the objective of the Directive, which is to promote family reunification, and the effectiveness thereof.
– Also think about general principles of EU law, in particular, effectiveness and proportionality.
conditions under which family members shall exercise an employed or self-employed activity. These conditions shall set a time limit which shall in no case exceed 12 months, during which Member States may examine the situation of their labour market before authorising family members to exercise an employed or self-employed activity.
company in Madrid, Spain. His salary is 80,000 EUR after taxes per
months in Spain and a colleague tells him that since he has not yet
Netherlands unless he goes back to Nigeria first and applies for a residence permit at the Dutch consulate in Lagos. He is a bit uncertain about this advice. In fact, his friend Toby, also a petroleum engineer working for a Russian oil company, could directly move from the company’s office in Madrid to the ones in Amsterdam last year, without having to first go to Lagos.
told he would need to have resided for at least a year in Spain before he can start an application.
– Art. 5(3) Dir. 2009/50: the gross annual salary resulting from the monthly or annual salary specified in the work contract or binding job offer shall not be inferior to a relevant salary threshold defined and published for that purpose by the Member States, which shall be at least 1,5 times the average gross annual salary in the Member State concerned. – Art. 2(g) ‘higher professional qualifications’ means qualifications attested by evidence of higher education qualifications or, by way of derogation, when provided for by national law, attested by at least five years of professional experience of a level comparable to higher education qualifications and which is relevant in the profession or sector specified in the work contract or binding job
Directive 2003/86/EC shall apply with the derogations laid down in this Article.
By way of derogation from Articles 3(1) and 8 of Directive 2003/86/EC, family reunification shall not be made dependent on the requirement of the EU Blue Card holder having reasonable prospects
period of residence.
PTER V
DENC NCE IN IN OTHER MEMBER STATES TES
ditions
as an EU Blue Card holder, the person concerned and his family members may move to a Member State other than the first Member State for the purpose of highly qualified employment under the conditions set out in this Article.
term rm mobility ty
In relation to third-country nationals who hold a valid intra-corporate transferee permit issued by the first Member State and who intend to stay in any second Member State and work in any other entity, established in the latter and belonging to the same undertaking or group of undertakings, for more than 90 days per Member State, the second Member State may decide to:
territory on the basis of and during the period of validity of the intra-corporate transferee permit issued by the first Member State; or
term rm mobility ty
In relation to third-country nationals who hold a valid intra-corporate transferee permit issued by the first Member State and who intend to stay in any second Member State and work in any other entity, established in the latter and belonging to the same undertaking or group of undertakings, for more than 90 days per Member State, the second Member State may decide to:
territory on the basis of and during the period of validity of the intra-corporate transferee permit issued by the first Member State; or
national who emigrated to Argentina in the 1940s, he does not have Hungarian citizenship. He holds however a long-term residence
Budapest on dentistry. However, in accordance with domestic law,
national of a State which is part of the Agreement on the European Economic Area may be a member of the College of Dentists. His application to join the College has thus been rejected and he is unable practice his profession and open a dental clinic since it is necessary to be a member of the College of Dentists in order to exercise the profession of dentist whether on an employed or self-employed basis. To make matters worse, Carlos has received two speeding tickets in the last month and the authorities have sent him a letter asking him to leave the country.
not entail even occasional involvement in the exercise of public authority, and conditions of employment and working conditions, including conditions regarding dismissal and remuneration;
constitutes an actual and sufficiently serious threat to public policy or public security.
considerations.
to the following factors:
in its judgment of 8 December 2011, Ziebell (C-371/08, paras 82 and 83), that the adoption of such a measure may not be ordered automatically following a criminal conviction, but rather requires a case-by-case assessment which must, in particular, have regard to the elements mentioned in Article 12(3) of Directive 2003/109.
for a year but in January 2019 he received a written notification saying his application for renewal had been rejected and that he should leave the country. He did not receive any reasons for such rejection. He remains in Germany living with his fiancée, a Czech national, and they get married in May 2019. In June 2019 his application for a residence permit as a family member
an irregular situation and is offered a week to leave Germany.
cedural dural guaran rantee ees
Reasons shall be given in the written notification of a decision rejecting an application to issue, amend or renew a single permit, or a decision withdrawing a single permit on the basis of criteria provided for by Union or national law.
A decision rejecting the application to issue, amend or renew or withdrawing a single permit shall be open to legal challenge in the Member State concerned, in accordance with national law. The written notification referred to in paragraph 1 shall specify the court
appeal and the time limit therefor.
dence nce for more than three months hs
for a period of longer than three months if they:
sickness insurance cover in the host Member State; or
sickness insurance.
referred to in points (a), (b) or (c).
The right of residence provided for in paragraph 1 shall extend to family members who are not nationals of a Member State, accompanying or joining the Union citizen in the host Member State, provided that such Union citizen satisfies the conditions referred to in paragraph l(a), (b) or (c).