Visa free travel for Residence Card holder Case refer to ECJ

[fakharraza1]

Document: CZE-HO-05002
Title: POBYTOVÁ KARTA RODINNÉHO PŘÍSLUŠNÍKA OBČANA EVROPSKÉ UNIE
Issuing Country: CZE - Czech Republic • ČESKÁ REPUBLIKA •
Document Category: H - Residence document
Document Type: O - Ordinary document
Document Version Number: 05002

First Issued On: 01.01.2013
Valid: yes
Legal Status: Residence card for a family member of a European Union citizen; evidence for a third-country national who is a family member of a citizen of the EU, or of Iceland, Norway or Liechtenstein, of the right to move and reside freely within the territory of the Member States.
Overall Construction: single booklet
Format Width (mm): 88
Format Height (mm): 125
Number of Pages: 16


Validity
Extension Possible: yes
Validity-Additional Information: given on pages 4 - 8[/quote]


Hi Rasta Ripple and board members,

A very stressful situation. I got married two years ago, my wife is from Czech Republic. We are working and living in UK for last two years. UK as-usual is not willing to give me the RC. According to court dates it might take at-least another 1.5 years to get the RC.

My question is that if i go to Czech Republic with my wife to apply for Article 10/20 Residence card which allows the travel within EU.

As Rastaripple you have done this procedure can you tell us

1. How long it took you to get the residence permit from Czech Republic after the date you applied.
2. As my wife is studying in a University so she cannot move to Czech republic for long period of time, so how long do we have to stay there.
3. Do we even qualify for applying there or is their some mandatory period before we can apply for such residence card.
4. What are the main documents required for that residence card application.

This will also solve my problem of not able to travel back to my mother as she is very ill and I am stuck here in UK.

Thanks a lot.

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[noajthan]

Why are you unable to receive a RC in UK?
If unable to apply successfully for RC in UK what makes you think you could do so in CR?

As wife is from CR, and as citizens cannot normally exercise treaty rights in their own country, you would both have to reside in CR on basis of having successfully completed Surinder Singh route via UK; (that is with time spent exercising treaty rights in UK).

If wife does not reside in CR you will have no basis to reside there.