EEA Family Member Residence Card FAQs

[docteurbenway]

Dear all, as many of you i have an EEA Family Member Residence Card since i am Russian, living in Germany with my Spanish wife. Over the years there have been many questions and answers regarding this document, many have been resolved and many are still unclear.

To bring some clarity and clear out some doubt i am starting this thread. Now for the things that we already know:

1.If you have this card can you live and work in an EEA state together with your EEA family member: YES

2.Can you travel to another Schengen state by yourself: YES

3.Can you travel to another EEA state with your EEA family member: YES* U.K. is a special case

Now the question i have is does Directive 2004/38/EC apply in full when i (Russian) and my spouse (Spanish) travel from Germany (our current place of residence) to Spain (my wife´s country of origin) or does national immigration law play a role?

Mind you we never had any trouble in this regard, i am just asking for technical reasons, mainly some Stupid take it upon themselves to check your status before letting you fly, now that is not very legal, but can you wave the directive at them if you are delayed?

Another question is did anyone have any experiences while holding an EEA Family member Card and returning to the EEA with your family member after being on vacation outside the EEA like for example from Argentina to EEA or Hong Kong to EEA? Any trouble or remarks your would like to share?

Thank you and please share your experiences!

[Directive/2004/38/EC]

If you have a Residence Card, it is because your EEA family member has been exercising EU treaty rights in a "host" EEA member state.

After they have been exercising those treaty rights, then you can enter the "home" member state of your EEA spouse on the basis of EU law. See the ECJ case of Singh: http://eumovement.wordpress.com/2007/04 ... ional-law/

So it should be no problem. In practice, some member states like to give a hard time to Singh applicants. But the law is clear.

In practice it is worth always traveling with your marriage certificate, and in the case of entering the home member statement also bringing evidence that the EU citizen has been working in the host member state.

[EUsmileWEallsmile]

Note also that any Schengen country issued residence card is recognised by them all as a visa-waiver. Problems arise for people who live in non-Schengen EU countries.

[singh09]

Hi

Please can you guide me plz.

I came in uk on EEA FP in december 2014. My wife is norwegian and i am woking from mach and my wife going to start practice her treaty right now this week. and my EEA FP going to expire on 1 june. So can i apply for RC now with 1-2 week pay slips.

Thanks

[RTS47]

Hello,
I was looking for a bit of guidance. Im a French National and intend to invite my spouse from a non-EU country via the EEA family permit. At the moment my spouse is visiting the UK and I have heard that there is a possibility he can apply for the residence card directly from here rather than travelling back to his country of origin and applying for EEA FP from there.
Are there any members on this forum who may have had a similar experience. Please do share your experience