- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Residence card
Family members who are not EU citizens themselves will be issued a residence card clearly indicating that they are family members of an EU citizen upon presentation of the following:
• a valid passport;
• your registration certificate or, in the absence of a registration system, any other proof of your residence in the host EU country; and
• a document attesting to the existence of a family relationship or of a registered partnership with you and documentary evidence that they are dependent on you, if applicable.
Family members who have the right to have entry and residence facilitated must present any of the same documents which are required from EU citizens who enjoy that right.
Deadlines and validity
Your family members who are not EU citizens themselves are obliged to apply for a residence card where the planned period of residence is for more than three months.
The deadline for submitting the application may not be less than three months from the date of arrival.
The residence card is issued within six months from application and is valid for five years (or for the duration of the envisaged period of your residence if this is less than five years) from the date of issue. It must be issued as a self-standing document and not in the form
of a sticker in a passport. A certificate of application should be issued immediately.
Validating and translating documents
As for EU citizens, you may be required to have documents certified as genuine if the EU country has serious doubts about their authenticity. To do this, you need to go to a lawyer, a notary or your embassy, and a fee is usually payable. If the EU country cannot understand your documents, you may also be asked for a translation.
EU countries can adopt the necessary measures to refuse, terminate or withdraw any right conferred by the Directive in the case of forged documentation.
DG-JLS XXX - Guide freedom to move_v07_EN.indd 21 29/09/10 11:24
Fees?
Residence cards must be issued free of charge or for a charge not exceeding that imposed on nationals for the issuing of similar documents.
Where can I find more?
You can find the precise legal wording on the matter covered in this section in Articles 9 to 11 of the Directive.
Actually that should read 'between a Schengen EEA country and a non-Schengen EEA country' as Liechtenstein is still not a member of Schengen but is bound by the Directive and has transposed it accordingly.Free Movement Guide wrote:If your third country family members move between a Schengen EU country and a non-Schengen EU country, they can also be exempted from the visa requirement if they have a valid residence card issued to them as family members by an EU country other than that of your nationality.
The crucial bit is actually the bold text above. Remember that children over 21 and parents have to be dependent.pierre75 wrote:The new thing for family members who are not EU citizens themseves is this one : they have to present document attesting to the existence of a family relationship or of a registered partnership and documentary evidence that they are dependent on the EU citizen, if applicable.
doesn't it just mean such as travelling from the UK(non-Schengen) to for example France (schengen) and you are for example italian and your spouse is Egyptian, if hte egyptian sposuse has a residence card issued in UK therefore NOT the italians country of nationality, then the Egyptian spouse does not need a visa to travel within the EU.86ti wrote:Nothing really new there actually, though the following bit is interesting.
Actually that should read 'between a Schengen EEA country and a non-Schengen EEA country' as Liechtenstein is still not a member of Schengen but is bound by the Directive and has transposed it accordingly.Free Movement Guide wrote:If your third country family members move between a Schengen EU country and a non-Schengen EU country, they can also be exempted from the visa requirement if they have a valid residence card issued to them as family members by an EU country other than that of your nationality.
The last part seems to imply that family members of EEA nationals who return to their country of origin under EEA regulations cannot make use of visa free travel.
Good point on singh ~ but the UK returning resident is treated as an EEA national then? but Its an interesting point ~ that will probably cause a problem somewhere down the road.86ti wrote:A residence card would also be obtained by non-EEA family members if an EEA national returns to his/her country of origin under Singh, Eind, et al. rulings.
ILR is not covered by EEA regulations. You still get that wrong.
The actual wording from the ECJ is, the citizen must establish a link withMelC wrote: The Directive only applies if you actually move to or reside in an EU country other than that of which you are a national, and to your family members who accompany or join you.
this is from page 6 ~ how does that apply to DUAL nationals? is this how the McCarthy case will be decided?
is this the answer to all British/Irish EEAfp applications from now on?
Oct 2010 Guide to Freedom of movement page 7 wrote: You are also entitled to benefit from the rights granted under the Directive if you return home after having resided in another EU country.
In certain circumstances you may benefit from the Directive without having resided in another EU country, for example by providing services in another EU country without residing there.
[/quote]acme4242 wrote:
The actual wording from the ECJ is, the citizen must establish a link with
Community Law, this means there must be a cross border factor.
So the guide is wrong.
One method to establish a cross border link is, indeed, if you move to
or reside in an EU country other than that of which you are a national.
But this is just one method to establish a cross border link,
there are other methods that don't involve any movement.
You can establish a cross border factor by being a dual EU citizen, even
you never left the country of your birth.
e.g. a Dual Spanish/Belgian born and always living in Belgium is a
beneficiary of community law, even they never left their country of birth.
Absolutely. The AG's reflections on reverse discrimination seems to point towards a near future in which member states will have to choose between membership of the EU or continued human rights abuse against their own citizens (DENMARK!)acme4242 wrote:Zambrano Case C-34/09
A few things jump out at you in this case,
its actually a purely internal Belgian case.
But it has been sent to the ECJ because Belgium are bound
by their own constitutional principle of equality.
To avoid reverse discrimination the national court
need to know where the Zambrano children who are Belgian
would stand if they where beneficiary of Community law.
So they can match these rights in National law.
Compare this to the rogue shameful states of Ireland, UK,
and Germany who treat their own as untermenschen, not
deserving equality.
Couldnt have said it better myself!MSH wrote:The politicians wan't the ECONOMIC advantages of a union but refuse to grant their own citizens the BENEFITS of such an (economic) union.