New Guidelines for EU Free Movement of EU citizen & Fam

[acme4242]

Sorry, I don't accept your limited interpretation of this new line as only meaning
"Schengen resident permit holders don't need a Schengen Visa"

I interpret it as meaning
"EEA resident permit holders don't need a Schengen Visa"

In the context of EU family members.

[86ti]

Sorry, I don't accept your limited interpretation of this new line as only meaning
"Schengen resident permit holders don't need a Schengen Visa"

You can of course ignore what has been discussed above regarding the acceptance under Schengen rules (that's the crucial point here) and stick to your own interpretation. But be reminded that what the EU Commission has issued here are guidelines only. They are not legally binding. The Schengen regulations are.

[Directive/2004/38/EC]

86ti,

I don't think it is as clear as you suggest.

REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

talks about "Member States" rather than "contracting party"

15. ‘residence permit’ means:
(a) all residence permits issued by the Member States
according to the uniform format laid down by Council
Regulation (EC) No 1030/2002 of 13 June 2002 laying
down a uniform format for residence permits for third country
nationals (2);
(b) all other documents issued by a Member State to third country
nationals authorising a stay in, or re-entry into,
its territory, with the exception of temporary permits
issued pending examination of a first application for a
residence permit as referred to in point (a) or an application
for asylum;

[86ti]

86ti,

I don't think it is as clear as you suggest.

REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

talks about "Member States" rather than "contracting party"

15. ‘residence permit’ means:
(a) all residence permits issued by the Member States
according to the uniform format laid down by Council
Regulation (EC) No 1030/2002 of 13 June 2002 laying
down a uniform format for residence permits for third country
nationals (2);
(b) all other documents issued by a Member State to third country
nationals authorising a stay in, or re-entry into,
its territory, with the exception of temporary permits
issued pending examination of a first application for a
residence permit as referred to in point (a) or an application
for asylum;

Yes, that's the bit I was referring to in my second post. I do not know why it says 'Member States' here. But it also says here that the residence permits have a uniform format. The preamble of the Regulation mentions that UK wants to apply it while Ireland said no. Interesting...

[Directive/2004/38/EC]

Yes, that's the bit I was referring to in my second post. I do not know why it says 'Member States' here. But it also says here that the residence permits have a uniform format. The preamble of the Regulation mentions that UK wants to apply it while Ireland said no. Interesting...

It is clear that the Regulation is only being implemented by Schengen states. But it says that those states that DO implement it, will have this reference to residence permits issued by "member states".

Note that the UK does use the uniform format for a number of their residence permits, noteably the Residence Card for family member of an EEA citizen.

[acme4242]

Make it simple for me. In the context of freedom of movement of EU citizens and their family members within the EU

Residence cards not issued under the Directive can exempt the holder from the visa requirement under Schengen rules.

should Residence cards, read as
a) EU Member state Residence cards
b) Schengen state Residence cards
c) EEA state Residence cards

or d) not sure

[Tobbe]

The way I read it:

The “Residence cards not issued under the Directive can exempt the holder from the visa
requirement under Schengen rules.â€

[acme4242]

You are correct. and so these new guideline adds very little for Union family members.
And has failed to remove discrimination against Union family members on
National resident permits. e.g. UK, Ireland, They still need to apply for
visa to travel to Schengen countries, with their Union spouse.

Whereas UK, Ireland resident permits issued under the Directive
exempt their holders from the visa requirement when they
travel together with the EU citizen or join him/her in the host
Member State.
In other words, they don't need a Schengen visa.


[quote]
RE: Clarification of new Guidelines
From EUROPE DIRECT Contact Centre

We acknowledge receipt of your message and in answer to your question we would like to tell you, that on the basis of the Schengen acquis, only a valid residence permit from a Schengen country, together with a travel document, can substitute for a visa. Thus, a third-country national presenting his/her passport and a valid residence permit issued by a Schengen country is allowed to enter another Schengen country for a short stay without needing a visa. This equivalence does not apply to residence permits issued by the United Kingdom and Ireland, since they do not apply the Schengen acquis. Further useful information is available in the database “Your Europeâ€

[pierre75]

The July 2nd guidelines multilingual (the official EUR-Lex web site - .doc .pdf or .html ) :

http://eur-lex.europa.eu/Notice.do?val= ... 10&hwords=