- 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
What do you mean by do they have "EC rights"?Majeztic wrote:Does a family member of a EU citizen with a RC for family members have EC rights?? and If not how can one obtain this EC right??
Whiles directive 2004/38EC states:[b]DIRECTIVE 2005/36/EC Article 2 (1)[/b] wrote:
Article 2
Scope
1. This Directive shall apply to all nationals of a Member
State wishing to pursue a regulated profession in a Member
State, including those belonging to the liberal professions,
other than that in which they obtained their professional qualifications,
on either a self-employed or employed basis.
[b]Directive 2004/38EC Article 24[/b] wrote:
Article 24
Equal treatment
1. Subject to such specific provisions as are expressly
provided for in the Treaty and secondary law, all Union citizens
residing on the basis of this Directive in the territory of the
host Member State shall enjoy equal treatment with the
nationals of that Member State within the scope of the Treaty.
The benefit of this right shall be extended to family members
who are not nationals of a Member State and who have the
right of residence or permanent residence.
Actually, it doesn't apply to Switzerland. They have a separate bilateral agreement concerning the free movement with the EU. Mostly, but not completely the same. For instance, Switzerland doesn't (can't) accept residence cards as visa ersatz as it is not mentioned in this agreement. There are some other minor points. We have discussed this in some other thread earlier.benifa wrote:Directive 2004/38/EC applies to all Member States of the EU, the EEA and Switzerland (by association).