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Search found 13 matches

by rastaripples
Tue Apr 07, 2015 3:30 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

As I already said, Article 10 is indeed a rule of the Directive. Member States are NOT obliged to be generous if they do not want to be and they usually aren't, although the Directive allows them to be generous, and in rare cases they are, but that is the exception rather than the norm. The numbers...
by rastaripples
Tue Apr 07, 2015 3:03 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

@twhyonline, I've read up on it and it appears that you are right. How curious! The Czech Republic must also be equally generous in that case, as it seems that it might be the case that rastaripples obtained his permit in the same way. That's generous of these countries to apply EU law instead of d...
by rastaripples
Tue Apr 07, 2015 2:42 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

But if it's a card issued to a relative of that counties national then strictly speaking it not a card issued under directive 10 although it may indeed be exactly the same card. I wonder how UK border control is going to treat this ? I suspect they will have to accept all these cards anyway as it w...
by rastaripples
Tue Apr 07, 2015 2:01 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

Something yall need to know some European Countries follow the free movement directives(EU Law)when issuing Family Residence Card to Non-EU Nationals Married to both Nationals Of that Country and Family member of Nationals Of Other EU Member States i.e Spain The Wordings at the back of the Card rea...
by rastaripples
Tue Apr 07, 2015 12:39 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

Hi Guys, I WOULD LIKE TO PUT THIS QUESTION OUT TO THE MODERATORS AND CONTRIBUTORS TO THIS FORUM: COMMENTS NEEDED DO DOMESTIC RESIDENCE CARDS ISSUED BY EEA MEMBER STATES(THOSE THAT ARE BOUND BY THE SCHENGEN TREATY) TO NON-EU OR THIRD COUNTRY NATIONALS CURRENTLY HAVE ""RESIDENCE CARD OF FAMI...
by rastaripples
Tue Apr 07, 2015 2:19 am
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

In that case it looks like your good to go. By the way, you did not apply for a residence card under your wife's country's domestic law (you do not have a domestic permit) but under rights given to you by EU law (you have an EU permit). If you had said that from the beginning it would have made thi...
by rastaripples
Tue Apr 07, 2015 2:09 am
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

I WOULD LIKE TO PUT THIS QUESTION OUT TO THE MODERATORS AND CONTRIBUTORS TO THIS FORUM: DO DOMESTIC RESIDENCE CARDS ISSUED BY EEA MEMBER STATES(THOSE THAT ARE BOUND BY THE SCHENGEN TREATY) TO NON-EU OR THIRD COUNTRY NATIONALS CURRENTLY HAVE ""RESIDENCE CARD OF FAMILY MEMBER OF A EUROPEAN U...
by rastaripples
Tue Apr 07, 2015 1:42 am
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

So your wife has exercised her EU rights in another country, then married you in a non-EU country and presumably used Surinder Singh to get your residence card ? It is then a card issued under article 10 ! In theory then you should be able to use it, though this is not a possibility that has been t...
by rastaripples
Tue Apr 07, 2015 1:17 am
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

You did not make it clear that you lived in the UK with your wife. In that case it seems that the Czech government could have indeed awarded you an Article 10 residence card on the basis of Surinder Singh case law. It does not matter that you were not married when you were living in the UK with you...
by rastaripples
Tue Apr 07, 2015 12:32 am
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

^ If your permit was obtained under domestic law, and not because your husband had worked in another EU country and then returned home with you, then unfortunately it is not valid for EU travel. You must obtain an EEA Family Permit. I DID LIVE IN THE U.K THE SAME TIME SHE WAS RESIDENT IN THE UK, SH...
by rastaripples
Mon Apr 06, 2015 11:52 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

Did your husband work abroad in another EU country? Did you live with him in the EU country? Did you then return and apply for a residence permit? thanks for your reply, yes my wife did exercise her treaty rights in the united kingdom in 2009-2011 as a worker and has visited the country often since...
by rastaripples
Mon Apr 06, 2015 11:15 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

[quote="rosebead"]^ If your permit was obtained under domestic law, and not because your husband had worked in another EU country and then returned home with you, then unfortunately it is not valid for EU travel. You must obtain an EEA Family Permit.[/q HI, CAN YOU CLARIFY, I CANT UNDERSTA...
by rastaripples
Mon Apr 06, 2015 10:15 pm
Forum: EU Settlement Scheme
Topic: Visa free travel for Residence Card holder Case refer to ECJ
Replies: 300
Views: 50214

Re: Visa free travel for Residence Card holder Case refer to

Hi all, My question pertains to the Uk Government's issued advice on entering the country with a residence card:(which is quiet confusing at present) Article 10 residence card An Article 10 residence card is a document which is issued under EU law (‘the Free Movement Directive’) by EEA Member States...