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EEA Residence card,

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desertlord
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Posts: 155
Joined: Sun Jul 29, 2012 11:58 am

EEA Residence card,

Post by desertlord » Fri Aug 03, 2012 12:13 pm

Hi All , how can I get EEA Residence card if I have a BRP from UK?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: EEA Residence card,

Post by Directive/2004/38/EC » Fri Aug 03, 2012 12:40 pm

desertlord wrote:Hi All , how can I get EEA Residence card if I have a BRP from UK?
If you would like help, you need to provide a little more information!

desertlord
Member
Posts: 155
Joined: Sun Jul 29, 2012 11:58 am

Thanks

Post by desertlord » Fri Aug 03, 2012 3:42 pm

After I get the UK BRP as a spose of british citizen, I need to be able to have some hoilday in Europe with my wife. Can I apply for EU Residency Card?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Aug 03, 2012 4:21 pm

Your wife is British. What is a BRP?

cs95tdg
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Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Fri Aug 03, 2012 4:32 pm

Related topic posted by the OP. http://www.immigrationboards.com/viewtopic.php?t=109906

The OP is a spouse of a British Citizen who has been issued a BRP (Biometric Residence Permit) on which his current UK ILR status would be stated.

EUsmileWEallsmile
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Joined: Fri Oct 07, 2011 8:22 pm

Re: Thanks

Post by EUsmileWEallsmile » Fri Aug 03, 2012 5:16 pm

desertlord wrote:After I get the UK BRP as a spose of british citizen, I need to be able to have some hoilday in Europe with my wife. Can I apply for EU Residency Card?
Basically you have a residence permit issued under the immigration rules and this is not generally accepted in lieu of a visa (whereas an article 10 residence card issued under the directive 2004/38/EC will).

Look carefully, does your BRP as the spouse of a British Citizen state that you are a "family member". If not complain.

Regulation (380/2008) says
The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”. In the case of beneficiaries under Article 3(2) of Directive 2004/38/EC of the European Parliament and of 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 (*), Member States may enter “beneficiary under Article 3(2) of Directive 2004/38/EC”.

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