EU family residence card derivative right

[abiswaslaw]

Can anybody help with follows:

1) if McCarthy grand chambers rulling has been implemented by UK Gov yet, so a non EU family member with EU family card issued by other MS can come, stay on UK excercise my free movement right without visa?
2) if a non EU family member with eu family permit issued from Bulgaria (example) for 5 years duration and spend there 4 months, thereafter come and stay in Dublin for remaining 4 years 8 months. Can he apply for ILR given 4 months lees time than required 5 years.
3) if someone elderly disabled is UK ILR holder (which is equivalent to British) tnot British national and her primary carer grand daughter also legal guardian who is non EU family member. Does she qualify for derivative right given grand moms ILR than Brit nationality?

Many thanks

[rosebead]

1. From 6th April, all Article 10 residence cards belonging to family members of EEA nationals will be accepted for visa-free entry into the UK. However, it's not clear whether the RCs of family members of British sponsors will be accepted for entry, because in the EEA Regulations a British sponsor is not considered an EEA national until he has completed the Surinder Singh route.

2. The correct terms are respectively "residence card" and "permanent residence" and not "EU family permit" or "ILR". No, you must complete 5 whole years in each Member State to be eligible for PR status in that State - you can't accrue time served in another State.

3.No, Zambrano applies to the care of EEA citizens only.

[abiswaslaw]

Thank you. So in terms of # 1 issue, RC card holder who is Brit family member may not use McCarthy rulling- is that you mean or UK Gov didn't clarifying enough in this regards in adopting McCarthy ruling?

# 2 issue - if RC issued from Madrid and a week after he moves to Dublin and spend there almost 5 year (7days less) - he won't be qualify for ilr due to 7 days - is that mean? Or any way out?

# 3 - the way Zambani ruling adopted by UK Gov - it does qualify a non EU primary carer of British national inc elderly on derivative right that only condition lies it does not give after 5 years ilr right? I was wondering if as ilr is as equivalent as Brit nationality (case law available) if ilr holders non EU national may qualify on derivative right geound.

Thanks

[rosebead]

The Home Office has not clarified whether family members of British sponsors can use their host country residence card for visa-free entry into the UK. This is because of the complication of Regulation 9 of the EEA Regulations for British sponsors, as I said.

You are asking whether time spent in another EU country in the past will count towards the time spent in your current host EU country, and the answer is no as I already said. A full 5 years of legal residence must be completed in each individual host country to gain PR for THAT country.

Zambrano is EU free movement case law - it has nothing to do with domestic immigration rules - so it applies to the care of EEA citizens ONLY.

[abiswaslaw]

Thank you, its truly helpful to be clarified. So, in case of Brit sponsor family member with RC if he wants to get entered to uk - what possible scenerio might be?

Time frame set out for RC is 6 months maximum- do you've idea if any EU country issue rc quicker, may be premiere service same day delivery amid all requisite docs available. Does rc holder allow to get access on public fund of any EU country? If non EU Norway Iceland, Switzerland issue 5 year rc on their version does it carry same value as eu rc?

Many thanks.

[rosebead]

A RC does not entitle a family member to public funds. To be normally eligible for social assistance, the EEA sponsor must be a worker. Each country has different rules about social assistance, and EEA nationals and their family members must receive equal treatment with the locals under EU law.

The possible scenario with British sponsors is that they may be required to prove to UK immigration officers that they met Regulation 9 before their family members will be allowed to use their residence cards to enter the UK.

All EEA residence cards apart from Switzerland's will be permitted for entry.

[abiswaslaw]

Thanks a lot. Is that means beng a Brit if my non EU family members issued RC from Sophia they can live in Dublin with exactly same facility as Sophia's? And may be in UK to providing Reg 9 is met. What condition Reg 9 exactly imposed in this regards?

And if non EU family member requires visa prior arrival in eu country - passport and relashionship with EU citizenship should be good enough in accordance treaty of free movement, no further docs may not requires do, in case of extended non EU family member should additionally show financial dependency doc. But most consulate put requirement as flight reservation, health insurance etc, even some EU consulate has page out extended non EU relatives from menu and added fees - don't you thing they are in break of treaty right?

Also can you pl confirm if RC issued from Sophia or Nicosca (Cyprus) which is non Schengen - can it be same way used in Schengen countries?

Regards

[rosebead]

A RC from one EU country does not confer any rights in another EU country; its only utility there is that it can be used for visa-free travel and that is all. To have a right of residence in any EU country, the EEA national must exercise Treaty rights after 3 months in the host country.

Cyprus is an EU country so its residence card is valid for travel across the whole of the EU. It's irrelevant whether it is Schengen or not.

Embassies do not always adhere to EU law. Nothing practical can be done about it except to appeal refusals or involve SOLVIT.

Regulation 9 requires that the British sponsor works and lives in his host country with his family member and transfers his centre of life there if he wishes to earn a right to return home with his family member.

[abiswaslaw]

Crystal clear. Thanks. I've witnessed that host eu countries not only allow RC not only for travelling visa free but also allow to live, work same way as EU national can, is that in the line with eu right or nor (stay as long as rc duration with freedom of all kind)?

If I take print out SOLVIT guidance and submit with visa appli while applying for visa, does it help to avoid appeal or things to sorted prior? So far I know in terms of extended family member - law requires to provide one more additional doc which is financial dependency along with living under same roof plus passport + photo and it should fees exempted. It seems most consulate has page out this part. Is there anyway we can make consulted to comply regulation during visa application than appeal?

Thanks