When is a Residence Permit not a Residence Permit...

[mym]

This is a call for views.

Those of you that are UK Citizens with Third-Country National spouses will have noticed that the sticker posted in their passport when they get FLR (Further Leave To Remain) is entitled 'Residence Permit'.

In fact that sticker conforms fully to the requirements set out in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.
See the image on the final page of the pdf.
http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

Except possibly in one respect: Section 6.4 Type of permit.

The regulation states that this should contain "the specific type of residence permit issued by the Member State to the third-country national."

And adds:

"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’. "

It's strangely slippery to pin down what that sentence actually means?
Any opinions?

On the UK sticker issued for FLR this section states
"limited leave to remain" so I am going to uncharitably assume that, although the permit format is correct, the absence of the words "family member" mean that it cannot be used as a Residence Permit for the purposes of travel from the UK to (say) Belgium with no visa - as allowed by the Regulation (EC) No 562/2006 establishing a Community Code on the rules governing the movement of persons across borders.

(For the avoidance of doubt, I am already aware that Regulation 562/2006 does NOT apply to family members of EU Citizens with the Right of Free Movement. However there is a grey area in that some Member States do not recognise certain family relationships (such as Civil Partnerships) but may perhaps be enterable without a visa by a 3rd Country National that has an FLR sticker).

[mym]

And this seems to be the answer:

http://eur-lex.europa.eu/LexUriServ/sit ... 010149.pdf

Richard, see page 50.

[Richard66]

Maybe this has something to do with it?

Article 5 (Regulation 1030/2002)
This Regulation shall not apply to third-country nationals who
are:
— members of the families of citizens of the Union exercising
their right to free movement,
— nationals of Member States of the European Free Trade
Association party to the Agreement on the European
Economic Area and members of their families exercising
their right to to free movement in accordance with that
Agreement,

I can tell you only third-country nationals that are NON-family members get this one in Italy, whether or not they are family members of Italians or of other EEA nationals.

I looked at page 50. This applies to my wife, but it's no sticker, but a self-standing A4 document.

[Richard66]

My wife's Residence permit states: family reasons. And I'm exercising treaty rights.

[Richard66]

But Mark,why are you looking at this anyway? It lists the documents issued by each Schengen state. You won't find the UK RP here till the UK joins Schengen on 30 February of the first available year. To use this rule your family member (even when considered as NON family) would need the residence card from one of the Schengen states. From the UK just won't do.

[Richard66]

As for Regulation 562/2006 (Schengen), read this from the preamble:

27 This Regulation constitutes a development of provisions of
the Schengen acquis in which the United Kingdom does not
take part, in accordance with Council Decision
2000/365/EC of 29 May 2000 concerning the request of
the United Kingdom of Great Britain and Northern Ireland
to take part in some of the provisions of the Schengen
acquis (6). The United Kingdom is therefore not taking part
in its adoption and is not bound by it or subject to its
application.

So of course Article 2, 15:

‘residence permit’ means:
(a) all residence permits issued by the Member States
according to the uniform format laid down by Council
Regulation (EC) No 1030/2002 of 13 June 2002 laying
down a uniform format for residence permits for thirdcountry
nationals (2);
(b) all other documents issued by a Member State to thirdcountry
nationals authorising a stay in, or re-entry into,
its territory, with the exception of temporary permits
issued pending examination of a first application for a
residence permit as referred to in point (a) or an application
for asylum;

Cannot possibly apply.

In a way UK family members have the worst of the worst, in that they can only go to Ireland (and Switzerland for other reasons) without problems, while we who live on the continent can go anywhere EXCEPT the UK and Ireland.

[mym]

But Mark,why are you looking at this anyway?

General research :)

[JA13I]

And this seems to be the answer:

http://eur-lex.europa.eu/LexUriServ/sit ... 010149.pdf

Richard, see page 50.

Mark, how does page 50 seem to answer the question you have posed in your first post?

[Richard66]

It doesn't it: it simply lists the Italian residence permits that serve as short-term visas in Schengen (and other EAA) countries.