- The statement is available on the website of Andalusia Welcomes, in the following link:
http://www.acoge.org/?section=news-view&id=116
- The sentence will effect upon its publication in the Official State Bulletin (BOE), being the cancellation of several provisions of a general provision.
Highlights of the Supreme Court decision on the Royal Decree 240/2007 are
ONE .- For the relatives of English (or your spouse or domestic partner):
The decree's pulled the Community scheme and put them into the general regime through an additional provision XX. Then that provision applied to those families the Community scheme, but with the important exception of the reunification of English ancestors (or their spouse / partner) : for reunification applied the general rules Aliens and needed to meet all the requirements for reunification (housing, be provided, sufficient funding, initial processing in Spain to the foreign office, etc).
The Judgement of the additional provision void (the Av. Adic. XX), so the relatives of English (and your spouse or partner) are within the Community system, so that bringing the ancestors will be much more simple: Ascending only have to approach the English embassy and apply for a visa to join his English family (or your spouse or partner) must obtain a visa without further problems, and once in Spain, request Family Card citizen the EU.
DOS .- Ability to work for the parents and children over 21 :
The Community Regulation limited access to paid employment and self when it was dependent ascendants and descendants over 21 years in charge.
This was clearly contrary to the Directive 2004/38 Community , which recognizes in Article 23 the right to work or self-employment for all "family members" as defined in the Directive, recognition is made in this unconditional way, such as compact right. The Directive does not deprive the right to work in the ascending and descending by over 21 years in charge.
Royal Decree 240/2007 established thus the loss of family status of Union citizen for the ascending and descending over 21 who would work (not casual work referred to the art. 3.2 in his last paragraph) and are therefore remitted to the General System of Immigration , forcing them to change the regime by way of art. 96.5 of Royal Decree 2393/2004.
The decision of the Supreme Court annulled that part of Article 3.2 of Royal Decree, as these relatives can work without any procedure (no need to apply for Employment Authorization) and also register for Public Employment Service as unemployed.
THREE .- Recognition of the validity of registration of unmarried couples in the Autonomous Regions and Municipalities:
Royal Decree required that these records do not allow unmarried couples duplication of entries, which apparently it is still possible in the records of de facto couples English regional or local (but not in other records of partners of several European countries). Therefore, it was actually forcing a civil or religious marriage, discriminating against registered domestic partners.
T. The Case Supreme removes the requirement that the registration prevent the simultaneous official records because the EU directive does not establish anything about it, so that they become valid Certificates of registration as domestic partners in the records of the autonomous regions and municipalities. Therefore, once registered as domestic partners, you can go to the foreign office to apply for Family Card EU citizen.
FOUR .- Maintenance of the community despite the death of the family through which community community residence was obtained:
Royal Decree stated that within 6 months after the death (unless they had acquired the right to permanent residence), family members are EU nationals should apply a residence permit according to the general rules of Aliens (Aliens Act).
The Supreme Court ruling states that this transfer is unlawful because the EU Directive, the right of residence for dependents is not extinguished with the death of the citizen community provided they have resided with the family prior to death. The communication of death would become a mere formality.
While exercising the right of residence, these relatives of the deceased will also benefit from EU citizen the right to self-employed or others without limitation (art. 23 of the Directive).
FIVE .- The legal separation is not taken into account now:
When a national of a third country, is separated from fact or law of citizen a community home, continue to be INSIDE the Community scheme. Only marriage annulment or divorce is no longer made under this scheme.
Royal Decree included the reference to the separation of law as grounds for exclusion, which has been annulled by the ruling of the Supreme.
SIX .- The other family members of citizens of the EU (or European Economic Area):
The Disp. Stand. XIX that the Royal Decree 240/2007 introduced in the Immigration Regulations (RD 2393/2004), he said he would favor obtaining a residence visa or residence permit for family members of EU citizens not expressly included in the scope of the Decree of community, when these other relatives in the country of origin are in charge or live with the EU citizen or equivalent, or serious health reasons or disability. P ero also establishing the limited relationship to the Second Grade .
The Supreme Court ruling annulled this limit of kin, so they can benefit of this legal family members of citizens of any EU or European Economic Area, provided - of course - to attend and prove exceptional circumstances.
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