Residence card of a family member of a Union citizen

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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 States. Residence card for a family member of a European Union citizen.jpg
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 States.
Residence card for a family member of a European Union citizen (Back side) Residence card for a family member of a European Union citizen (verso).jpg
Residence card for a family member of a European Union citizen (Back side)

European Economic Area (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 Residence card of a family member of a Union citizen 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.

Contents

In the European Union (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). [1] 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. [2] [3] This exception shall either not apply provided that the EU family member have been genuinely 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. [4]

The residence card should clearly state that the holder is a family member of an EU national.

People who aren't EEA citizen family members but have a residence permit in the EEA for other reasons will get a similar residence permit card.

Holders of an EU family member's residence card don't need to obtain a visa in the entire EU.

Sample situation: Shu-chuan, the Taiwanese spouse of a German nationalliving inFinland, 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 with her husband.

Eligibility

Qualifying family members of the EU citizen are: [5]

The term "dependent" is not well-defined across the EU law. European Court of Justice holds that: [6]

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 spouse.

Case C-1/05 (para 35)

However some EU countries refuse to follow the Court's ruling. For example, Czech Republic defines the "dependent" [7] as someone who is either:

  1. systematically preparing for a future profession,
  2. cannot systematically prepare for a future profession or perform gainful activities due to illness or injury; or
  3. is not capable of performing systematic gainful activities due to a chronic adverse health condition.

The Residence Card is defined in articles 9 to 11 of the "Directive 2004/38/EC of the European Parliament and the Council 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):

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.

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. [8]

National rules

United Kingdom

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 United Kingdom without the need to apply for an EEA Family Permit. They only need to provide their passport and residence card at the border. However, UK Border Force 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.

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 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. [9] [10]

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. [11]

Ireland

Ireland calls its Residence Card Stamp 4EUFam (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. [12]

Sweden

Sweden has Residence cards (Uppehållskort) which are given to family members of Union citizens who are not themselves Union citizens.

Schengen passport stamping rules for this card

Persons whose travel documents are to be stampedPersons whose travel documents are not to be stamped
  • Third-country nationals (unless covered by an exemption listed in the right hand column)
  • Family members not holding a residence card issued under Article 10 of Directive 2004/38/EC who are accompanying or joining EU, EEA and Swiss citizens exercising the right of freedom of movement

Related Research Articles

Permanent residency is a person's legal resident status in a country or territory of which such person is not a citizen but where they have the right to reside on a permanent basis. This is usually for a permanent period; a person with such legal status is known as a permanent resident. In the United States, such a person is referred to as a green card holder but more formally as a Lawful Permanent Resident (LPR).

<span class="mw-page-title-main">European Health Insurance Card</span> Health insurance card in Europe

The European Health Insurance Card (EHIC) is issued free of charge and allows anyone who is insured by or covered by a statutory social security scheme of the EEA countries, Switzerland, and the United Kingdom to receive medical treatment in another member state in the same way as residents of that state—i.e., free or at a reduced cost—if treatment becomes necessary during their visit, or if they have a chronic pre-existing condition which requires care such as kidney dialysis. The term of validity of the card varies according to the issuing country. Continued reciprocal healthcare access between the EU and the UK was agreed, and the UK issues a UK Global Health Insurance Card (GHIC) valid in the EU, but not other EEA countries.

A European Economic Area Family Permit was an immigration document that assisted the holder to enter the United Kingdom as a family member of a citizen of a contracting state to the European Economic Area agreement or a Swiss citizen. They were issued by the UK immigration authorities under the Immigration Regulations 2006 (UK).

<span class="mw-page-title-main">Citizens' Rights Directive</span> EU directive defining right of free movement

The Citizens' Rights Directive 2004/38/EC sets out the conditions for the exercise of the right of free movement for citizens of the European Economic Area (EEA), which includes the member states of the European Union (EU) and the three European Free Trade Association (EFTA) members Iceland, Norway and Liechtenstein. Switzerland, which is a member of EFTA but not of the EEA, is not bound by the Directive but rather has a separate multilateral sectoral agreement on free movement with the EU and its member states.

<span class="mw-page-title-main">Norwegian passport</span> Passport of the Kingdom of Norway issued to Norwegian citizens

A Norwegian passport is the passport issued to nationals of Norway for the purpose of international travel. Beside serving as proof of Norwegian citizenship, they facilitate the process of securing assistance from Norwegian consular officials abroad.

<span class="mw-page-title-main">Liechtenstein passport</span> Passport of the Principality of Liechtenstein

Liechtenstein passports are issued to nationals of Liechtenstein for the purpose of international travel. Beside serving as proof of Liechtenstein citizenship, they facilitate the process of securing assistance from Liechtenstein consular officials abroad.

<span class="mw-page-title-main">Swedish passport</span> Passport of the Kingdom of Sweden issued to Swedish citizens

Swedish passports are issued to nationals of Sweden for the purpose of international travel. Besides serving as proof of Swedish citizenship, they facilitate the process of securing assistance from Swedish consular officials abroad.

<span class="mw-page-title-main">Danish passport</span> Passports issued to citizens of the Kingdom of Denmark

A Danish passport is an identity document issued to citizens of the Kingdom of Denmark to facilitate international travel. Besides serving as proof of Danish citizenship, they facilitate the process of securing assistance from Danish consular officials abroad.

<span class="mw-page-title-main">Passports of the European Union</span> Passport issued to the European Union

The European Union itself does not issue ordinary passports, but ordinary passport booklets issued by its 27 member states share a common format. This common format features a coloured cover emblazoned—in the official language(s) of the issuing country —with the title "European Union", followed by the name(s) of the member state, the heraldic "Arms" of the State concerned, the word "PASSPORT", together with the biometric passport symbol at the bottom centre of the front cover.

<span class="mw-page-title-main">Icelandic passport</span> Passport for Icelands citizens

Icelandic passports are issued to citizens of Iceland for the purpose of international travel. Beside serving as proof of Icelandic citizenship, they facilitate the process of securing assistance from Icelandic consular officials abroad. As of 2023, 94.9% of Icelandic citizens possess an Icelandic passport. It is one of three official documents issued by the Icelandic government, the others being the Icelandic identity card and the Icelandic driving licence.

Stamp 4 refers to the stamp number, or immigration status, given to an individual with permission to reside in Ireland. It is issued to people on work visas/work authorisations, to the spouse of an Irish citizen, to the spouse of an EU citizen, to refugees, to people with Irish Born Child residency and those with long-term residency status. Once a person has been granted Stamp 4 status by the Irish Department of Justice, he or she is to report to their local Garda National Immigration Bureau in order to receive the physical card, or "Certificate of Registration". The card shows the holder's Stamp 4 status, as well as their photograph and other personal details.

<span class="mw-page-title-main">Schengen Area</span> Area of 29 European states without mutual border controls

The Schengen Area is an area encompassing 29 European countries that have officially abolished border controls at their mutual borders. Being an element within the wider area of freedom, security and justice policy of the European Union (EU), it mostly functions as a single jurisdiction under a common visa policy for international travel purposes. The area is named after the 1985 Schengen Agreement and the 1990 Schengen Convention, both signed in Schengen, Luxembourg.

<span class="mw-page-title-main">Italian electronic identity card</span> National identity card of Italy

The Italian electronic identity card, or simply carta d'identità, is an identification document issued to any Italian citizen and to legal aliens, that has been progressively replacing the paper-based identity card since version 3.0 was first released on 4 July 2016. The CIE is intended for both digital and physical identification. The biometric information is printed on an ID-1 card and stored in a contactless chip.

<span class="mw-page-title-main">Immigration (European Economic Area) Regulations 2006</span> United Kingdom legislation

The Immigration Regulations 2006, amended by SI 2009/1117, SI 2011/1247 and SI 2015/694 and which have now been mostly repealed and superseded by the Immigration Regulations 2016, was a piece of British legislation which implemented the right of free movement of European Economic Area (EEA) nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC. It allows EEA citizens and their family members to live and work in the UK without explicit permission. Although Swiss citizens are covered by a separate bilateral agreement; they are treated basically the same as EEA nationals. Family members may need a special entry clearance to enter the UK.

Metock v Minister for Justice, Equality and Law Reform (2008) C-127/08 is a European Union law case, significant in Ireland and Denmark, on the Citizens Rights Directive and family unification rules for migrant citizens. Citizenship of the European Union was established by Article 20 of the Treaty on the functioning of the European Union (TFEU) and the Citizenship Directive 2004/38 elaborates the right of Union citizens and their family members to move and reside freely in the territory of a member state, consolidating previous Directives dealing with the right to move and reside within the European Community (EC).

<span class="mw-page-title-main">Visa policy of Ireland</span> Policy on permits required to enter Ireland

The visa policy of Ireland is set by the Government of Ireland and determines visa requirements for foreign citizens. If someone other than a European Union, European Economic Area, Common Travel Area or Swiss citizen seeks entry to Ireland, they must be a national of a visa-exempt country or have a valid Irish visa issued by one of the Irish diplomatic missions around the world.

<span class="mw-page-title-main">Norwegian identity card</span> National identity card of Norway

The Norwegian identity card, commonly referred to as the national identity card in Norway, is a non-compulsory biometric identity document issued since 30 November 2020. It is one of two official identity documents issued by the Norwegian Police Service, the other being the Norwegian passport. It is only issued to Norwegian citizens, and may indicate citizenship so that it can be used as a travel document facilitating freedom of movement within the European Free Trade Association and the European Economic Area. For travel within the Nordic countries no identity documentation is legally required for Nordic citizens due to the Nordic Passport Union.

<span class="mw-page-title-main">Passports of the EFTA member states</span>

Passports of the EFTA member states are passports issued by the European Free Trade Association (EFTA) member states Iceland, Liechtenstein, Norway and Switzerland. EFTA is in this article used as a common name for these countries.

<span class="mw-page-title-main">Immigration (European Economic Area) Regulations 2016</span> United Kingdom legislation

The Immigration Regulations 2016, or EEA Regulations 2016 for short, constituted the law that implemented the right of free movement of European Economic Area (EEA) nationals and their family members in the United Kingdom. The regulations were repealed by the Immigration and Social Security Co-ordination Act 2020 on 31 December 2020, at the end of the transition period.

<span class="mw-page-title-main">Passports in Europe</span> Overview of passports issued in European countries

Passports in Europe are issued by each state individually, e.g. the Netherlands or United Kingdom. In general, passports issued in Europe either grant the holder the right of freedom of movement within the European Economic Area, to those that don't. The majority of European states are members of the European Union, and therefore issue EU passports.

References

  1. "DGs - Migration and Home Affairs - What we do - ...Visa policy - Who must apply for a Schengen visa". ec.europa.eu. Archived from the original on 19 April 2015.
  2. "Spain". Your Europe.
  3. "Italy". Your Europe.
  4. "Case C‑456/12". EUR-Lex. 12 March 2014.
  5. "EUR-Lex - l33152 - EN - EUR-Lex". europa.eu.
  6. "Case C‑1/05" (PDF). CURIA. 9 January 2007.
  7. "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". www.mvcr.cz.
  8. Chalmers, Damian; Davies, Gareth; Monti, Giorgio (2011). European Union Law (2nd ed.). UK: Cambridge University Press. pp. 474–6 , p. 474, at Google Books. ISBN   978-0521121514.
  9. "Guidance: Entering the UK as the holder of an Article 10 or 20 residence card". UK Visas and Immigration. 11 May 2015.
  10. EEARegulations.co.uk. "2. General interpretation - EEA Regulations 2018". www.eearegulations.co.uk.
  11. "Entering the UK as the holder of an Article 10 or 20 residence card". GOV.UK. Retrieved 3 January 2021.
  12. "Immigration Act 2004 (Visas) Order 2011" . Retrieved 26 January 2014.
  13. "EUR-Lex - 32016R0399 - EN - EUR-Lex".

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