Visa question

Neo Researcher

I am not sure if this is the right thread. Apologies if it is not and feel free to move.

I am an Irish citizen and my fiance (who I have been going out with for almost 5 years) is a US citizen. I was wondering if I was to get a job in Finland, as the partner of an EU citizen, would my partner have any citizen eligibility rights?

If I was to get the position in Finland I am perusing we would be able to afford to get married also, which I presume would help our case.

Thanks to anyone who can provide advice

Dandelion6

Neo Researcher wrote: »

I am an Irish citizen and my fiance (who I have been going out with for almost 5 years) is a US citizen. I was wondering if I was to get a job in Finland, as the partner of an EU citizen, would my partner have any citizen eligibility rights?

If I was to get the position in Finland I am perusing we would be able to afford to get married also, which I presume would help our case.

She wouldn't have any "citizen eligibility" rights but she may have EU Treaty rights as the partner of an EU citizen. I don't know what Finland's laws are in relation to unmarried partners, but they'd have to give her at least equal treatment to what they give the partners of Finnish citizens.

She would definitely have EU Treaty rights as the spouse of an EU citizen.

Our man in Havana

You will need to marry to get any rights under the treaties.

Neo Researcher

That's great to here lads cheers. Hopefully I get the job now!

Dandelion6

I've just gone back and looked at the case I was thinking of when I wrote my previous post (Netherlands v Reed) and as it turns out it was a different situation, the unmarried partner in question was an EU citizen (albeit one not seeking work and so not entitled to avail of the right to free movement) and the ECJ decided it on the basis of social advantage, which had to be granted to all EU citizens on the same basis as the member state's citizens, rather than on the basis of family rights. So it wouldn't be applicable in your case. Consider my earlier post withdrawn! I wouldn't be surprised if the court's jurisprudence does evolve in the direction I suggested, given how widespread civil partnership status is becoming, but you probably don't want to be a test case. Get married to be sure

MagicSean

Have the new civil partnerships come into effect? Would these be a way to get the rights wihtout having to rush into marraige?

Dandelion6

k_mac wrote: »

Have the new civil partnerships come into effect? Would these be a way to get the rights wihtout having to rush into marraige?

Not under the Treaty, but Finnish law might allow for it.