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directive 2004/38c

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isceon
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Posts: 142
Joined: Wed Mar 12, 2008 8:16 pm

directive 2004/38c

Post by isceon » Wed Dec 03, 2008 7:43 pm

Can anybody explain this article from directive 2004
Article 9
Administrative formalities for family members
who are not nationals of a Member State
1. Member States shall issue a residence card to family members of a Union citizen who are not
nationals of a Member State, where the planned period of residence is for more than three months.
2. The deadline for submitting the residence card application may not be less than three months
from the date of arrival.
30.4.2004 EN Official Journal of the European Union L 158/
_______________________________________________________________________________
98
3. Failure to comply with the requirement to apply for a residence card may make the person
concerned liable to proportionate and non-discriminatory sanctions.

what kind of sanctions
thanks
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Richard66
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Posts: 745
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Location: Italy

Post by Richard66 » Wed Dec 03, 2008 9:07 pm

It means that if you do not apply for the residence card within the time limits set by member state, you are liable to, say, a fine, but not removal, if the member state has provided for it in its transposition of the Directive. For example, in Italy there is no penalty for late application.
Aiming at travelling to the UK with my wife and not with an EEA FP!
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DFDS.
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Post by DFDS. » Thu May 28, 2009 3:16 pm

I haven't come across any penalty in UK as well, but they may delay your application, as well as asking for extra Docs.
Last edited by DFDS. on Fri May 29, 2009 6:18 pm, edited 1 time in total.
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Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri May 29, 2009 4:50 pm

There is no penalty in the UK. As the Home Office likes to say, applying for a Residence Card is optional.
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DFDS.
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Post by DFDS. » Fri May 29, 2009 6:32 pm

Hi Directive 2004/38 EU, lets assume a situation where the family permit or visa that was used as form of entry expires before applying for the residence card, definitely this will be overstaying! am right? and if so, What kind of reaction is HO going to take?
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Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri May 29, 2009 7:02 pm

Assuming the person is a legitimate family member of an EU citizen who is legitimately in the UK, then this is NOT overstaying. For this person, there is nothing to overstay, so it is NOT overstaying.
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DFDS.
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Post by DFDS. » Fri May 29, 2009 11:27 pm

Directive/2004/38/EC wrote:Assuming the person is a legitimate family member of an EU citizen who is legitimately in the UK, then this is NOT overstaying. For this person, there is nothing to overstay, so it is NOT overstaying.
Cheers!
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