The name doesn't matter. The question is if the Polish authorities issued the RC based on Article 10 of Directive 2004/38/EC or not. Only the holders of a 'Article 10 residence card' can be treated under EU regulations otherwise national law must be applied.charles4u wrote:Well his residence card most clearly state RESIDENCE CARD FOR FAMILY MEMBERS and its mostly 5 yrs so I wouldnt know why some countries are giving it different names e.g EU4fam and so on, The one I have only states RESIDENCE CARD FOR FAMILY MEMBERS and its all translated in Romania,English and French. Not Kabisky or whatever Poland calls theirs.
I think in elmer's case that means either:
a) the Polish wife has exercised her treaty rights earlier, e.g. she was in another EEA member state to work and live there and then returned under the Surinder Singh ruling. But I am not sure if EU regulations would apply if she had married after her return (must treaty rights be exercised together?). Or
b) she provides cross-boarder services (whatever that means)