35:
26:
57:(EU), a family member's residence card is issued under EU rules by any EU country (except, in common, the country the EU family member is a national of). This exception is not applicable to Spain or Italy, where non-EEA family members of Spanish or Italian citizens will hold a valid Residence card for a family member of a European Union citizen. This exception shall either not apply provided that the EU family member have been
594:
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able to demonstrate that the EU national family member has been residing in the UK less than three months (the initial right of residence) and, if more than three months, that they are in the UK as a worker, student or self-employed or self-sufficient person or they have acquired the status of permanent residency after having resided in the UK for five years.
200:
In the case of the EU national family member being present in the UK, the non-EU family members should be able to prove that the EU national family member is residing in the UK and whether they have a right of residency in the UK as a qualified person. Therefore, the non-EU family member should be
82:
Finland, has been issued an EU family member's residence card in
Finland. Shu-chuan and her husband wish to travel to Romania for an autumn break. As Shu-chuan has a valid Taiwanese passport and an EU family member's residence card, she is not required to obtain an entry visa to travel to Romania
166:
The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called "Residence card of a family member of a Union citizen" no later than six months from the date on which they submit the application.
219:(EU Directive 2004/38/EC). Ireland has now implemented this part of the directive in full according with the Immigration Act 2004 (Visas) Order 2011 and consequently it is now possible for family members to gain entry into Ireland with a residence card issued by any member state.
29:
Residence card for a family member of a
European Union citizen (Spanish version); evidence for a third-country national who is a family member of a citizen of the EU, or of Iceland, Norway or Liechtenstein, of the right to move and reside freely within the territory of the Member
493:
49:
is issued to the family member to confirm this right of residence. The holder of a valid
Residence Card is entitled to use this document in lieu of an entry visa for entry to all EEA member states. There is not a unified format for this card throughout the EU.
116:
the status of 'dependent' family member is the result of a factual situation characterised by the fact that material support for that family member is provided by the
Community national who has exercised his right of free movement or by his
61:
resided in another EU country ("host Member State") being accompanied by a concerned non-EU family member, and now returns to the country of the EU family member's nationality together with that non-EU family member.
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So the card only confirms the right of residence, it does not create it. Even without applying for a
Residence Card, a qualifying family member has the right of residence, although it may be difficult to prove.
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of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States". The central paragraph is article 10(1):
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As of 6 April 2015, non-EU family members of an EU/EEA/Swiss citizen who are in possession of a
Residence card of a family member of a Union citizen are entitled to enter the
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officers may request documentary proof of their relation to the EU national family member who would be accompanying them as well, such as a marriage or birth certificate.
45:(EEA) citizens have the right of free movement and residence throughout the EEA. This right also extends to certain family members, even if they are not EEA citizens. A
437:"The definition of a family member of a citizen of the European Union, Iceland, Norway, Liechtenstein, and Switzerland - Ministry of the interior of the Czech Republic"
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From 1 January 2021 an
Article 10 or 20 residence card issued by an EEA member state can no longer be used for travel to the UK.
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the registered partner, if the legislation of the host Member State treats registered partnerships as equivalent to marriage
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the direct descendants who are under the age of 21, or are dependants and those of the spouse or partner as defined above
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People who aren't EEA citizen family members but have a residence permit in the EEA for other reasons will get a similar
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cannot systematically prepare for a future profession or perform gainful activities due to illness or injury; or
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the dependent direct relatives in the ascending line (parents, grandparents) and those of the spouse or partner.
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322:"DGs - Migration and Home Affairs - What we do - ...Visa policy - Who must apply for a Schengen visa"
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is not capable of performing systematic gainful activities due to a chronic adverse health condition.
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Holders of an EU family member's residence card don't need to obtain a visa in the entire EU.
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The residence card should clearly state that the holder is a family member of an EU national.
234:) which are given to family members of Union citizens who are not themselves Union citizens.
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Third-country nationals (unless covered by an exemption listed in the right hand column)
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193:. They only need to provide their passport and residence card at the border. However,
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494:"Guidance: Entering the UK as the holder of an Article 10 or 20 residence card"
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However some EU countries refuse to follow the Court's ruling. For example,
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Residence card for a family member of a
European Union citizen (Back side)
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PRADO - Public
Register of Authentic travel and identity Documents Online
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Sample situation: Shu-chuan, the
Taiwanese spouse of a German national
531:"Entering the UK as the holder of an Article 10 or 20 residence card"
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609:
Issue of residence card in UK - Regulation 18 - EEA Regulations 2016
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Third-country nationals holding residence cards issued pursuant to
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24:
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The term "dependent" is not well-defined across the EU law.
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The Residence Card is defined in articles 9 to 11 of the "
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Chalmers, Damian; Davies, Gareth; Monti, Giorgio (2011).
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Family members not holding a residence card issued under
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Persons whose travel documents are not to be stamped
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Residence card of a family member of a Union citizen
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citizens exercising the right of freedom of movement
47:
Residence card of a family member of a Union citizen
131:defines the "dependent" as someone who is either:
513:"2. General interpretation - EEA Regulations 2018"
245:Persons whose travel documents are to be stamped
135:systematically preparing for a future profession,
91:Qualifying family members of the EU citizen are:
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238:Schengen passport stamping rules for this card
8:
603:Travel documents for non-EU family members
556:"Immigration Act 2004 (Visas) Order 2011"
241:
601:at Wikimedia Commons More Information:
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289:member states exercising the right of
577:"EUR-Lex - 32016R0399 - EN - EUR-Lex"
7:
18:European Economic Area Family Permit
260:Article 10 of Directive 2004/38/EC
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398:"EUR-Lex - l33152 - EN - EUR-Lex"
189:without the need to apply for an
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262:who are accompanying or joining
1:
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460:Cambridge University Press
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215:calls its Residence Card
110:European Court of Justice
517:www.eearegulations.co.uk
498:UK Visas and Immigration
16:Not to be confused with
630:European Economic Area
511:EEARegulations.co.uk.
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43:European Economic Area
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31:
230:has Residence cards (
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122:Case C-1/05 (para 35)
70:residence permit card
37:
28:
458:(2nd ed.). UK:
297:Directive 2004/38/EC
152:Directive 2004/38/EC
291:freedom of movement
456:European Union Law
83:with her husband.
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597:Media related to
425:. 9 January 2007.
332:on 19 April 2015.
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191:EEA Family Permit
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328:. Archived from
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500:. 11 May 2015.
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55:European Union
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416:"Case C‑1/05"
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217:Stamp 4EUFam
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441:www.mvcr.cz
366:Your Europe
348:Your Europe
87:Eligibility
624:Categories
561:26 January
308:References
156:Parliament
95:the spouse
540:3 January
465:pp. 474–6
402:europa.eu
80:living in
59:genuinely
158:and the
120:—
384:EUR-Lex
362:"Italy"
344:"Spain"
213:Ireland
208:Ireland
160:Council
117:spouse.
53:In the
30:States.
535:GOV.UK
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228:Sweden
223:Sweden
423:CURIA
419:(PDF)
272:Swiss
563:2014
542:2021
474:ISBN
287:EFTA
285:and
270:and
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