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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Free
Post Number:#11  PostPosted: 04 May 2010 12:11 
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Portugal - and EU Directive 2004/38/EU

More [good_news.gif]


After making a search today, finally, I discovered that Portugal has already transposed the EU Directive 2004/38/EU into their National Law on the 9 August 2006 with their Law 37/2006.

http://www.secomunidades.pt/web/londres/VistosLegislacao

Before finding my answer, I called the Portuguese Consulate/visa section on 020 791 3770 to be told by the officer that My Russian Wife, who has a UK RESIDENT CARD she has to apply for a Schegen Visa and if I want this in writing I must write to them at:email: mail@cglon.dgaccp.pt [surprised.gif]

Of course I will not bother to write as now I have the Original copy of the Law 37/2006 and also the English translation from their Presidential site, which clearly states in:

CAPÍTULO II
Saída e entrada do território nacional


3—Os familiares do cidadão da União que sejam nacionais de Estado terceiro e estejam sujeitos à obrigação de visto de entrada nos termos das normas em vigor na União Europeia podem entrar sem visto quando possuidores de cartão de residência válido, caso em que não é aposto carimbo de entrada no passaporte.


English Translation

CHAPTER II
Quote:
Paragraph 3 – Family members of the Union citizen who are nationals of a third State and subject to entry visa requirements under the terms of rules in force in the European Union may enter without a visa when they hold a valid residence permit, in which case their passports shall not be stamped.
http://www.presidenciaue.parlamento.pt/ingles/documentos/law37_06.pdf

So is getting better and easier for us married to Russian women
with a Resident Card travelling inside the European Community!

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 Post subject: Freedom of movement in the EU
Post Number:#12  PostPosted: 05 Aug 2010 12:18 
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Freedom of movement in the EU

No visa but still want to travel?


Are you a direct family member of an EU citizen and you need to travel within Europe with your EU family member, but do not have a required visa?

Non-EU family members of EU citizens have a fundamental right (coming from the EU treaties) to travel together with their EU family members to any of the EU member states, even if they do not have the required visa. This right has been clarified and upheld in 2002 by the highest European court, the ECJ, in the case C-459/99 (MRAX vs Kingdom of Belgium), and has been incorporated explicitly into Directive 2004/38/EC.

The actual decision from C-459/99 (MRAX vs Kingdom of Belgium) (in the final section called “Operative Part”) reads:

    1. On a proper construction of Article 3 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Article 3 of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services and Council Regulation (EC) No 2317/95 of 25 September 1995 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148.

Traveling without a visa can be a pain, even after this ECJ ruling. If somebody official says you need a visa, it is usually easiest to get one and travel with that. If you travel without a required visa, there are a number of challenges you may need to overcome.

It is essential to be aware of the following:

    1. These are suggestions that may ease your entry without a visa. They should not be taken as legal advice and come with no guarantee. If you want a guarantee, get a visa!

    2. European free movement rules apply when traveling to an EU country different than the citizenship of the EU family member. e.g. If the EU family member has French citizenship, then the rules apply for entry into all EU countries other than France. These rules only apply for travel back to the EU “home country” when the EU family member has recently been working in another EU member state. e.g. The rules apply for the French worker living in the UK who wishes to enter France with their non-EU family members.

    3. You must be traveling together with (or joining) your family member who is a citizen of an EU member state.

    4. You must have your passport and your partner must have their EU member state ID card or passport (This is not in all cases true, but when traveling without a visa it is definitely best to have valid passports)

    5. You must carry proof of the family relationship (e.g. an original marriage certificate, birth certificate, or adoption certificate, as well as an official translation if the original is in a non-European language) as well as your passport

    6. Border guards may, in some cases, not be aware of all aspects of your right to free movement and of their legal obligations. You may need to politely provide them with references to the law (such as this blog entry) and should politely involve their managers and supervising officers if there is any difficulty.

    7. Employees of airlines and passport checking firms are less likely to be aware of your legal rights and may resist letting somebody without a visa on board because they fear fines from the government of your destination for letting somebody on board without the proper travel clearance. Be polite and patient but firm with them.

    8. You should print out, organize and travel with each of the documents referenced in this article, as well as other supporting material. Read it, understand it, and travel with it. You can share the documents with border guards and their supervisors if there is any misunderstanding.

    9. You have a right to any refusal in writing, along with reasons for the refusal. Make sure they clearly state that the EU citizen was present, and the marriage certificate was produced, but that the entry was refused.

    10. Entering without a visa will likely take more time at the border than you are used to. Take some food and water, and do not have anything else planned for a few hours after your arrival.

    11. Be calm, relaxed and happy in dealing with border guards. Quite a few of them well understand the laws on free movement within the European Community, and will deal with you quickly and politely.

Directive 2004/38/EC has the following to say:

Directive 2004/38/EC
CHAPTER II — RIGHT OF EXIT AND ENTRY
Article 5 — Right of entry

    4. Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.


Each member state has had to transpose Directive 2004/38/EC into their own legislation and must include Article 5 in the transposition.

The European Union comments about this in their document TABLE OF CORRESPONDENCE BETWEEN DIRECTIVE 2004/38/EC AND CURRENT EC LEGISLATION ON FREE MOVEMENT AND RESIDENCE OF UNION CITIZENS WITHIN THE EU

(quote starts page 6):

    Article 5(4) [of Directive 2004/38/EC] works as a safeguard for persons entitled to free movement when they are unable to show the required documents when crossing a border. This provision is based on the judgment of the [ECJ] in case C-459/99 [ruling of 25 July 2002 in MRAX v Belgian State] according to which on a proper construction of Article 3 of Directives 68/360 and 73/148 and Regulation 2317/95, read in conjunction with the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties.

How does this work in practice in the UK?

The UK gives the following guidance to its border guards in
Border Force Operations Manual - EEA Nationals & their Dependents:

    5.5 Procedures when no EEA family permit or residence card is held

    5.5.1 Admission of family members who are unable to produce a valid passport, family permit [This is the UKBA name for a visa] or residence card.

    Immigration officers will need to assess whether or not a person qualifies for admission under the EEA Regulations in the above situations. Ports should take particular note of the guidance on those who seek admission under the extended family member provisions as dependents relatives and as family members of an EEA national with whom they have a “durable relationship” (unmarried partner); the relevant criteria in Part 8 of the Rules (excluding entry clearance) should be used to make a decision on whether or not to admit under EEA Regulations. Unlike immediate family members the EEA Regulations allow for an “extensive examination of the personal circumstances” of extended family members.


5.5.2 Seeking admission at port

Applicants at port should be treated as persons seeking admission unless reference is made to applying for a residence card. Admission will fall into one of the following:

A) Produces satisfactory evidence on arrival — The person should be admitted for 6 months on a Code 1A. Complete landing card.

B) Is unable to produce satisfactory evidence on arrival — The person should be given “every reasonable opportunity” to prove by other means that he is the family member of an EEA national; a person should not automatically be refused admission as a result of not being able to produce adequate evidence. As a guide within a week of arriving at port should be adequate; ports can consider refusing admission at this point, unless the situation suggests more time is needed.

C) Submits an application for admission post arrival.


How does this work in practice in Schengen countries?

The European Commission gives Schengen member states (which now includes most member states) the following clear directions in the “Practical Handbook for Border Guards (Schengen Handbook)” (starting on page 23):

    3.1 Persons enjoying the Community right of free movement.

    3.1.1 Persons enjoying the Community right of free movement are authorised to cross the border of a Member State on the basis of the following documents, as a general rule:
    – EU, EEA, CH citizens: identity card or passport;
    – members of the family of EU, EEA, CH citizens who are nationals of a third country: passport. They may also be required to have an entry visa, if they are nationals of a third country subject to the visa obligation, unless they are in possession of a valid residence
    permit or card, issued by a Member State (or by EEA countries or CH).

    3.1.2 However, if a person enjoying the Community right of free movement does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned must, before turning him/her back, give such person every reasonable
    opportunity to obtain the necessary documents or have them brought to him/her within a reasonable period of time or corroborate or prove by other means that he/she is covered by the right of free movement.

    3.1.3 As a consequence, checks on persons enjoying the Community right of free movement should be limited, as a general rule, to the verification of their identity and nationality/family ties (so-called “minimum check”, see above point 1.4). No questions concerning the purpose of travel, travel plans, employment certificate, pay slips, bank statements, accommodation, means of subsistence or other personal data should therefore be asked to them.

    3.1.4 [...]

    * Legal basis – Case law:

    1. Directive 38/2004/EC (Articles 4, 5 and 27)
    2. Schengen Borders Code (Article 7)
    3. Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, 21 June 1999
    4. Judgement of the ECJ of 25 July 2002, Case C-459/99, MRAX vs. Belgium
    5. Judgement of the ECJ of 17 February 2005, Case C-215/03, Salah Oulane vs. Minister voor Vreemdelingenzaken en Integratie
    6. Judgement of the ECJ of 31 January 2006, Case C-503/03, Commission vs. Spain.


Important warnings to keep in mind!

    1. These are suggestions that may ease your entry without a visa. They should not be taken as legal advice and come with no guarantee. If you want a guarantee, get a visa!

    2. If you need to fly to your destination, the airline may turn you away before you ever have a chance to talk with a border guard. They are often instructed to refuse to carry people who don't have the right visa, and they don't know about these European legal rules.

    3. These legal decisions apply also to traditional EU member states. It may or may not also apply within Switzerland, Norway, and other countries which are within Schengen but not technically EU member states.


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#13  PostPosted: 15 Nov 2010 10:24 
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Embassy of the Czech Republic in London


Visa Free Travel for Family Members of EU Citizens, who has UK Temporary/Permanent Residence Permit, to the Czech Republic

Visa Free Travel for Family Members of EU Citizens, who has UK Temporary/Permanent Residence Permit, to the Czech Republic – Applicable from the 15th of July 2010

30.06.2010 11:45

Visa Free Travel for Family Members of EU Citizens, who has UK Temporary/Permanent Residence Permit, to the Czech Republic – Applicable from the 15th of July 2010

For the purposes of the Czech aliens´ policy, a family member of an EU citizen is defined as:

(1) a spouse,

(2) a parent - in case of an EU citizen under 21 years of age who is being taken care of by such family member and with whom he/she lives in a common household,

(3) a child under 21 years of age or such a child of an EU citizen's spouse,

(4) a dependent direct relative in the ascending or descending line or such relative of an EU citizen's spouse.

If studying is the purpose of stay, family members are defined only as spouse and dependant child. The dependent person is defined as an alien who is taken care of by an EU citizen or his/her spouse and who is engaged in systematic preparation for future occupation, or an alien who cannot engage in systematic preparation for future occupation or in gainful activities due to illness or injury, or who is unable to engage in systematic gainful activities due to long-term adverse medical condition.

A family member of an EU citizen may stay temporarily in the territory of the Czech Republic without a visa if he/she is not an EU citizen and hold a Temporary or Permanent Residence Permit in the United Kingdom, and the period of stay does not exceed 90 days (three months).

Please note that the UK residence permit must be endorsed in a valid passport and that a family member of an EU citizen will be requested by the Czech immigration authorities to provide documentary proof of the relationship (e.g. ID or passport of an EU citizen, original birth, marriage or civil partnership certificate) and of the use of the right of free movement of the EEA national (e.g. a registration certificate).

If a family member of an EU citizen is unable to sufficiently provide these documents, the entry to the Czech Republic should be refused.


Furthermore, this only applies when travelling directly to the Czech Republic. When travelling to the Czech Republic through another country, please check with the appropriate Embassy or Consulate.

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#14  PostPosted: 15 Nov 2010 10:38 
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EMBASSY OF FINLAND, London

Schengen visa


For family members of EEA nationals (spouses and dependents) with the application form and photo, the spouse's/parent's passports, a marriage certificate/children's full birth certificate and a proof of same address should be presented.

According to the EU Directive 38/2004 (Art. 2) family members of EEA nationals who are in possession of a British residence permit named "Residence card of a family member of an EEA national" do not need a visa for visits up to 90 days in the Schengen area if you are joining or travelling with the EEA national.

A Schengen visa (single, two or multiple entry) is considered accordingly with all presented documents. In case a maximum stay visa is granted, please note that the intended stay cannot exceed 90 days within six months period.

Enquiries on visas can be sent by email to visa.lon@formin.fi.

http://www.finemb.org.uk/public/default ... ture=en-GB

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#15  PostPosted: 15 Nov 2010 15:42 
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So am I right in deducing that none of the above is relevant to myself and my wife, who now has the equivalent of a residence permit in the UK? If I want to nip over to France on the shuttle I still need to apply for a Schengen Visa for my wife (even if it is free)?


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#16  PostPosted: 15 Nov 2010 20:18 
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Les

Unfortunately your wife does need a visa to visit France because you brought her in the UK under the UK National Law.

The good think is that it is Free....... check the French Consulate site.

Poland is implementing the the Directive 2004/38/EU! [thumbs.gif]

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WHO NEEDS A VISA?

If you are a national of EU/EEA/EFTA countries you don't need a visa to travel to Poland and you can enter Poland provided that your passport or national identity card is valid at least for the period of your stay in Poland.

If you are a national of Albania (only for holders of biometric passports) Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina (only for holders of biometric passports), Brazil, Brunei Darussalam, Bulgaria, Canada, Chile, Costa Rica, Croatia, El Salvador, Honduras, Hong Kong (holders of SAR passports), Israel, Japan, Macao (holders of Regiao Administrativa Especial de Macau passports), Malaysia, Mauritius, Mexico, Monaco, New Zealand, Nicaragua, Panama, Paraguay, Saint Kitts and Nevis, San Marino, Seychelles, Singapore, South Korea, United States, Urugay, Vatican (the Holy See), Venezuela - you do not need a visa to enter Poland or transit through Poland, provided that your stay in Poland or in Schengen area does not exceed 90 days.

Nationals of other countries need a visa to go to Poland.

INFORMATION ON VISA REQUIREMENTS
FOR FAMILY MEMBERS OF THE EU NATIONALS


I. If you are a family member of the EU national, please note that, on the basis of Directive 2004/38/EC you do not need an entry visa to enter Poland if you meet all 3 following requirements:

1) You are a family member of the EU citizen.

Family member means:
- spouse,
- descendants of the Union citizen who are under the age of 21 or are dependants, and those of the spouse, living in the common household with the EU citizen.
- dependent direct relatives of the Union citizen in the ascending line and those of the spouse, or living in the common household with the EU citizen;

2) You are a holder of:
-UK Residence Card of a Family Member of an EEA National,
or
-Limited Leave to Remain in the United Kingdom,
or
-Indefinite Leave to Remain in the United Kingdom.

3) You are travelling together with the EU citizen to Poland or joining the EU citizen in Poland.

Please, make sure you hold the original of the document proving the family ties with the EU citizen (e.g. marriage or birth certificate) when crossing the Polish border.

II. If you are a family member of the EU citizen and you do not qualify for the visa exemption mentioned previously, you need to submit the following documents when you apply for a Schengen visa :

- completed visa application form - you can print out the application form from our website http://www.londynkg.polemb.net
- your valid passport - passport should be valid for at least three months from the date of the planned departure from Poland or the Schengen area.
- UK residence permit,
- 1 biometric photograph (click HERE for photo requirements)
- passport of your EU spouse,
- original marriage certificate - certificate should be in the English language,
- document indicating the purpose of travel to Poland e.g. hotel reservation, invitation letter from Poland.

The visa for family members of the EU nationals is issued free of charge (original marriage certificate + spouse passport must be produced).

GENERAL INFORMATION ABOUT
THE SCHENGEN AREA AND TYPES OF VISA


On 21st December 2007 Poland, together with 8 other new EU Member States, joined the Schengen area - a territory with no checks at internal borders formed by 25 States[1].

These States apply uniform rules concerning entry and short stays in their territories.
To enter the Schengen territory third-country nationals must be in possession of a valid travel document and a visa if it is required. They also have to meet the following conditions:

- they justify the purpose and conditions of the intended stay and prove that they have sufficient means of subsistence, both for the period of the intended stay and for the return to their country of origin or transit to a third State into which they are certain to be admitted, or are in a position to acquire such means lawfully;
- no alert has been issued for them for the purposes of refusing entry;
- they are not considered to be a threat to public policy, national security or the international relations of any of the Schengen States.

After undergoing the single check at the external border it is possible to move freely within the Schengen territory. However, checks at the new Schengen States' airports will only be abolished at the end of March 2008.

Schengen States issue the following types of uniform visas which entitle the holder to enter and stay in the Schengen territory:

- airport transit visa (A) - valid only for airport transit, does not entitle the holder to leave the transit zone of the airport,
- uniform visa (C) - issued for different purposes (e.g. transit, tourism etc.) valid up to 90 days during the period of 180 days.

[1] 22 EU Member States: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden + Norway, Iceland and Switzerland.

For complete information click on the banner (Title)
above to visit the web site of the Polish Consulate!


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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#17  PostPosted: 16 Nov 2010 05:26 
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FAMILY MEMBERS OF EU/EEA NATIONALS

FAMILY MEMBERS OF EU/EEA NATIONALS EXERCISING TREATY RIGHTS
IN ANOTHER EU/EEA COUNTRY


Family members are:

  • The direct descendants (children) who are under the age of 21 or are dependants, and those of the spouse or partner.
  • The dependant direct relatives in the ascending line (e.g. parents) and those of the spouse or partner.

Please note that if you hold an EU/EEA Residence Card (in the UK a sticker in the passport entitled Residence Documentation) according to Article 5 of EU Directive 38/2004, you do not need a visa for travel to Denmark. The old style stamp preceding the EU Residence Documentation sticker is also accepted for visa free travel as long as it refers to the holder being a family member of an EU/EEA national exercising Treaty Rights.

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You do not need to be accompanied by your EU/EEA spouse or partner.

If you are travelling to another EU country other than Denmark you should check with that country's embassy in the UK whether they also accept you as being visa exempt.

A visa is, however, needed for travel to Iceland.

It is advisable to print this page and to present it together with your letter from UK Border Agency regarding your Residence Documentation and proof of your relationship with the EU/EEA national to the airline at the point of departure or Danish Border Control on entry into Denmark in case of problems.

Family members of EU/EEA nationals excersing treaty rights in another EU/EEA country not holding an EU/EEA Residence Card need a visa for travel to Denmark.

In those cases only the following supporting documents should be produced:

  • Proof of family relationship (e.g. Original Marriage Certificate or Birth Certificate)
  • Original passport of EU/EEA national (photocopies are not accepted)
  • Family members other than spouses: Proof of dependancy
  • Please note that for visa purposes both the passport and UK residence permit must be valid for at least 90 days after the visit to Denmark.

The visa will be issued free of charge.
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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#18  PostPosted: 16 Nov 2010 06:15 
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Federal Republic of Germany

Do you need a visa for Germany?

You *DO NOT* need a visa for short stays in Germany if you are:


  • a citizen of the EU/EEA/EFTA

  • a partner (married, common-law or same sex) or child of an EU/EEA/EFTA national if you hold a British "Residence Card of a Family Member of an EEA National" or a "Permanent Residence Card" - and only if you are travelling together with the EU/EEA/EFTA national. For all other family members please contact the Embassy. Samples of the mentioned Residence Cards can be found on this webpage on the right hand side.

  • a citizen of a country listed below (provided you are not going to stay longer than three months and you are not going to do any paid or self-employed work)

Holders of British Passports/Travel Documents:


To enter Germany without a visa, you must have one of these:

  • British "European Community" passport issued in or after July 1988

  • British "Isle of Man", "Jersey" and "Guernsey and its dependencies" passport
    Travel Documents according with the Convention of July 28, 1951 or the Convention of September 28 1954. (These Travel Documents must be valid for at least another four months at the time of entry into Germany.)

  • British Subject passport, with the additional entry: Holder has the right of abode in the United Kingdom.

  • British Overseas Territories citizen passport, with the additional entry: Holder is defined as a UK National for community purposes.

  • British Nationals Overseas (BNO) passport.

http://www.london.diplo.de/Vertretung/l ... seite.html

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#19  PostPosted: 07 Dec 2010 09:19 
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Directive 2004/38/EC




European Parliament and Council Directive 2004/38/EC of 29 April 2004 is about the right of citizens of the Union and their family members to move and reside freely within the territory of the EU and EEA member states.

This new directive briought together most of the piecemeal measures found in European law previously. The new measures are designed, among other things, to encourage Union citizens to exercise their right to move and reside freely within Member States, to cut back administrative formalities to the bare essentials, to provide a better definition of the status of family members and to limit the scope for refusing entry or terminating the right of residence. Also it broadens the definition of family to also include non-married partners.

Who is covered by Directive 2004/38/EC?

  • Citizens of an EU or EEA member state who visit, live, study or work in a different member state.
  • The EU citizen’s direct family members, including their non-EU spouse and the spouse’s direct family members (such as children)
  • Other family members who are “beneficiaries”, including common law partners, same sex partners, and dependent family members, members of the household, and sick family members
  • Family members (as outlined above), where the EU citizen has worked in another member state and now wishes to return to their “home” country to work. Surinder Singh

Who is NOT covered by Directive 2004/38/EC?


  • If a citizen is living in their home EU member state and has not worked in other EU member state, then this Directive does not apply. All movement of non-EU family members into the home state is governed by national law.
  • Some old-EU member states have special “transitional” arrangements that curb the ability of citizens of new EU states to move freely for work. The curbs can be maintained for a maximum of seven years – until May 2011 in the case of workers from the eight countries that joined the EU in 2004, and until 2014 in the case of workers from Bulgaria and Romania. Citizens of new EU member states can however travel without visas throughout Europe, and their non-EU family members can travel freely with them.
  • Citizens of non-EEA countries who are not travelling with or joining family members who are EU/EEA citizen.

What is covered?

  • No-cost, easy, fast issue of visas
  • Easy right to stay for up to 90 days if so desired. EU citizens and their non-EU family can work if desired in this period, or play.
  • Rright to stay longer if the EU citizen is working, is a student, or has medical insurance and is self sufficient
  • Permanent residence comes after 5 years
  • Right of facilitated entry if passports have been lost, or if a visa has not been obtained
  • Applications can only be turned down in three limited circumstances (public health, public policy, national security), or when a marriage is determined to be fraudulent.
    Reasons for refusal must be spelled out in detail and there is a right of appeal.
  • EU citizens and their non-EU family members can not legally be treated differently than citizens of their EU host country

What 2004/38/EC means


Things to be aware of

  • There is no requirement that non-EU family members have previously been resident in the EU. An EU citizen and family members can move from outside the EU to an EU country (but not directly to the EU citizen’s home country!) on the basis of this Directive

  • Family members must be travelling with or joining the EU citizen, in which case they have the same free movement rights as the EU citizen. They do not, in general, have an independent right of free movement to new places.

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 Post subject: Re: Bringing your FSU Lady to the UK under the EU Law is Fre
Post Number:#20  PostPosted: 07 Dec 2010 22:38 
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Joined: 19 Nov 2008
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Times_to_FSU: Loads of time
Hi Wiz

It is important to remind folks that the UK DO NOT require registration and application for residency cards for non-EEA family members after 3 months stay. If one's non-EEA family members come to the UK on a EEA FP it can 'expire' and they can continue to reside here QUITE legally as long as the EEA national is complying with their obligations ( not being a 'burden', etc)


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