toves wrote:The case is:
I travelled to Norway end of june, started to work 2nd of July.
My husband was not able to travel before 24th of August because UKBA did not return his passport. It took 5 e-mails.
I got registration card and he got his RC when they returned his passport.
The Norwegian site says: Deadline for submitting applications for a residence card
Family members who wish to use the residence card scheme must apply within three months of the Norwegian national's return to Norway. In some cases, an exception can be made to this deadline if the reason why the family member applied after more than three months was that they needed to finish work or studies in the other EEA country before moving to Norway.
Asked the information desk about this they say is not true, they say it is 3 months from the non EU nationals arrival.
The appointment is 26th of November 2 days after the 3 month from my husbands arrival.
http://www.udi.no/Norwegian-Directorate ... nationals/
So I am confused
I assume you are Norwegen, that you have been working in the UK. So, for your return to Norway, your husband can enter on the basis of the EU rules.
So what are the EU rules? Well, exactly what governed his entry into the UK and would govern his entry into any EU/EEA county other than your home country (in this case Norway).
Directive 2004/38/EC
Article 9 - Administrative formalities for family members who are not nationals of a Member State
1. Member States shall issue a residence card to family members of a Union citizen who are not nationals of a Member State, where the planned period of residence is for more than three months.
2. The deadline for submitting the residence card application may not be less than three months from the date of arrival.
3. Failure to comply with the requirement to apply for a residence card may make the person concerned liable to proportionate and non-discriminatory sanctions.
Point 2 is very clear that they can not require him to have an RC in the first 3 months.
And point 3 points out that even if he did not comply with allowable laws, worst he could get is a fine and a slap on the wrist. (so for example, if he did not apply for the RC until 2 years after arriving...)
My concern is the opposite. You have a very simple application. You should be able to just submit it right away. You should not have to wait 3 months to submit it. What if he wants to work the day after he arrives? How will he prove that he has that right? (He does have the right to work immediately).
I would insist that they give you an immediate appointment and have them put it in writing if they refuse. Once they have written it down, go after them with the European Commission!
