tebee wrote: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 thought of when they drafted the rules as it states
3. The judgment applies only to residence cards issued under Article 10 of the Directive
and does not apply to residence documents issued under domestic law. (So, for
example, the judgment applies to a residence card issued by the Spanish authorities to
the non-EEA national family member of a French worker in Spain, but not to a
residence document issued under French domestic law to that family member whilst
living in France).
The problem will be proving to the border force official that it is an Article 10 card - I wonder if that wording is sufficient ?[/quote
WELL TEBEE I CAN UNDERSTAND WHERE YOU ARE COMING FROM WHEN SAYING "But the UK seems intent of interpreting court findings against it in the narrowest possible fashion, presumably leading to more court cases down the line."
I THOUGHT THE WHOLE ECJ COURT RULING WAS TO UPHOLD THE LAW WHICH STATES-For a visa to be issued on the basis of Directive 2004/38/EC, only the following requirements need to be satisfied:
The visa applicant is a direct “family member” of an EU citizen and has proof (marriage or birth certificate or some combination) of the relationship)
The visa applicant will be travelling with, or joining, the EU citizen for a visit or permanent move to an EU member state. (If they are going to the “home” country of the EU citizen, then there can be a requirement that the EU citizen had previously lived/worked in a different member state)
All travellers require a passport (or a national ID card for the EU citizen)
These are the legal requirements for all of the EU/EEA member states, including all Schengen members, the UK, Ireland, Romania and Bulgaria. They also apply for Switzerland.
If the family member has a “Residence Card for a family member of an EU citizen”, then they do not require a visa.
SO I WONDER HOW THE U.K GOVERMANT GOT THIS FROM?-
An Article 10 residence card is a document which is issued under EU law (‘the Free Movement Directive’) by EEA Member States to non-EEA family members of EEA nationals who are exercising free movement rights in another Member State than that of their nationality,......does article 10 actually say that??????
this is what i know article 10 says:
Article 10
Issue of residence cards
1. The right of residence of family members of a Union citizen who are not nationals of a Member
State shall be evidenced by the issuing of a document called "Residence card of a family member of
a Union citizen" no later than six months from the date on which they submit the application. A
certificate of application for the residence card shall be issued immediately.
2. For the residence card to be issued, Member States shall require presentation of the following
documents:
(a) a valid passport;
(b) a document attesting to the existence of a family relationship or of a registered partnership;
(c) the registration certificate or, in the absence of a registration system, any other proof of
residence in the host Member State of the Union citizen whom they are accompanying or
joining;
