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Rights of EU family members base on DIRECTIVE 2004/38/EC

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charles4u
Member of Standing
Posts: 369
Joined: Mon Jul 28, 2008 7:33 pm

Rights of EU family members base on DIRECTIVE 2004/38/EC

Post by charles4u » Tue Oct 28, 2008 10:57 am

There are so many rights that are not known or clear to family members of an EU citizen, Well according to the law it is said any EU member state shouldnt ask for some certain papers when even conditionaly asked to apply for an entry visa, Just prove of relationship and indepency (passport I guess) But in my case I when apply for UK EEA I was asked for phone call bills.

1
Documents that
can be required
when applying
for the visa: The right of entry of your third country family members is derived from their family ties with you, a Union citizen. All the Member State consular officials can ask for is their passport and a document establishing their family ties with you, such as marriage or birth certificate and proof of dependence, where applicable. Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate.




It also says clearly that a Residence card from any EU member state is equivalent to visa and therefore no visa need when holding or having a residence card from any EU country and travelling to any EU member state either travelling alone or with your spouse, I didnt see where its written you MUST travel with your spouse.

2
Residence card
= no visa
Possession of the valid residence card issued by any Member State
exempts the family members from the visa requirement in all
Member States.


The full information can be read on this link for those who dont know it all or want some clearifications. http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf
Charles4u

DFDS.
Member
Posts: 206
Joined: Thu May 07, 2009 2:23 pm
Location: MIDLANDS.
Contact:

Re: Rights of EU family members base on DIRECTIVE 2004/38/EC

Post by DFDS. » Sun May 24, 2009 8:19 pm

charles4u wrote:There are so many rights that are not known or clear to family members of an EU citizen, Well according to the law it is said any EU member state shouldnt ask for some certain papers when even conditionaly asked to apply for an entry visa, Just prove of relationship and indepency (passport I guess) But in my case I when apply for UK EEA I was asked for phone call bills.

1
Documents that
can be required
when applying
for the visa: The right of entry of your third country family members is derived from their family ties with you, a Union citizen. All the Member State consular officials can ask for is their passport and a document establishing their family ties with you, such as marriage or birth certificate and proof of dependence, where applicable. Your family members cannot be asked to present documents such as travel tickets, employment certificate, pay slips, bank statements, proof of accommodation and means of subsistence or a medical certificate.




It also says clearly that a Residence card from any EU member state is equivalent to visa and therefore no visa need when holding or having a residence card from any EU country and travelling to any EU member state either travelling alone or with your spouse, I didnt see where its written you MUST travel with your spouse.

2
Residence card
= no visa
Possession of the valid residence card issued by any Member State
exempts the family members from the visa requirement in all
Member States.


The full information can be read on this link for those who dont know it all or want some clearifications. http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf
Thanx for this wonderful quotation Charles4u.
I've just posted a question on a different thread, requesting for a quotation where the directive suggests that RC holders travelling independently should posess the necessary visas! I don't see it anywhere in the Directive 2004/38 regarding freemovement.
Am so supplised that forum members are feeding us with such asumptions which do not exisit. Am not supprised because even boarder guards them selves are not well imformed a bout the issue, thus they act deffencevily.The commission was very clear on the above & i see no reasons why there is still such a narrow interpretation of this.
Last edited by DFDS. on Mon May 25, 2009 9:56 pm, edited 1 time in total.

charles4u
Member of Standing
Posts: 369
Joined: Mon Jul 28, 2008 7:33 pm

Re: Rights of EU family members base on DIRECTIVE 2004/38/EC

Post by charles4u » Mon May 25, 2009 8:11 am

DFDS. wrote: Thanx for this wonderful quotation Charles4u.
I've just posted a question on a different thread, requesting for a quotation where the directive suggests that RC holders travelling independently should posess the necessary visas! I don't see it anywhere in the Directive 2004/38 regarding freemovement.
Am so supplised that forum members are feeding us with such asumptions which do not exisit. Am not supprised because even boarder guards them selves are not well imformed a bout the issue, thus they act deffencevily.The commission was very clear on the above & i see no reasons why there is still such a narrow interpretation of this.
From the topic which is RIGHT OF EU FAMILY MEMBERS which is what gives them this rights to accompany or join and not travel independently. ONLY a residence permit from any Schengen country is valid to travel independently within the Schengen region.
Charles4u

DFDS.
Member
Posts: 206
Joined: Thu May 07, 2009 2:23 pm
Location: MIDLANDS.
Contact:

Re: Rights of EU family members base on DIRECTIVE 2004/38/EC

Post by DFDS. » Mon May 25, 2009 9:53 pm

charles4u wrote:
DFDS. wrote: Thanx for this wonderful quotation Charles4u.
I've just posted a question on a different thread, requesting for a quotation where the directive suggests that RC holders travelling independently should posess the necessary visas! I don't see it anywhere in the Directive 2004/38 regarding freemovement.
Am so supplised that forum members are feeding us with such asumptions which do not exisit. Am not supprised because even boarder guards them selves are not well imformed a bout the issue, thus they act deffencevily.The commission was very clear on the above & i see no reasons why there is still such a narrow interpretation of this.
From the topic which is RIGHT OF EU FAMILY MEMBERS which is what gives them this rights to accompany or join and not travel independently. ONLY a residence permit from any Schengen country is valid to travel independently within the Schengen region.
Sorry charles4u, seems like am not understanding your point! Try cross check what you posted at the begining of this thread, you said any resident card issued by any EU member state is equivalent to a visa, commission does'nt put any restriction on whether to trvl with your EEA family member or independently, and i agree. Now here you say that ONLY a resident permit issued by any schengen member state is valid for trvl independently with in the schengen region. So which one shall we take?

charles4u
Member of Standing
Posts: 369
Joined: Mon Jul 28, 2008 7:33 pm

Re: Rights of EU family members base on DIRECTIVE 2004/38/EC

Post by charles4u » Mon May 25, 2009 10:51 pm

DFDS. wrote:
charles4u wrote:
DFDS. wrote: Thanx for this wonderful quotation Charles4u.
I've just posted a question on a different thread, requesting for a quotation where the directive suggests that RC holders travelling independently should posess the necessary visas! I don't see it anywhere in the Directive 2004/38 regarding freemovement.
Am so supplised that forum members are feeding us with such asumptions which do not exisit. Am not supprised because even boarder guards them selves are not well imformed a bout the issue, thus they act deffencevily.The commission was very clear on the above & i see no reasons why there is still such a narrow interpretation of this.
From the topic which is RIGHT OF EU FAMILY MEMBERS which is what gives them this rights to accompany or join and not travel independently. ONLY a residence permit from any Schengen country is valid to travel independently within the Schengen region.
Sorry charles4u, seems like am not understanding your point! Try cross check what you posted at the begining of this thread, you said any resident card issued by any EU member state is equivalent to a visa, commission does'nt put any restriction on whether to trvl with your EEA family member or independently, and i agree. Now here you say that ONLY a resident permit issued by any schengen member state is valid for trvl independently with in the schengen region. So which one shall we take?
I understanding your point but lately things have being changing and there have been some corrections, clearly now family members of an EU with residence card as a EU family member can travel to join or accompany the EU spouse without visa to any EU member state. I was told at the Hungarian embassy in Romania that I can even travel alone to Hungary without my EU partner that I dont need a visa since a hold a residence as a family member in Romania...which I am sure other EU country dont allow (you see the differences).

Any holder of Schengen country residence holder dont need a visa for ONLY the Schengen countries for 3 months either traveling alone or with the spouse.
Charles4u

DFDS.
Member
Posts: 206
Joined: Thu May 07, 2009 2:23 pm
Location: MIDLANDS.
Contact:

Re: Rights of EU family members base on DIRECTIVE 2004/38/EC

Post by DFDS. » Tue May 26, 2009 3:33 pm

charles4u wrote:
DFDS. wrote:
charles4u wrote:
DFDS. wrote: Thanx for this wonderful quotation Charles4u.
I've just posted a question on a different thread, requesting for a quotation where the directive suggests that RC holders travelling independently should posess the necessary visas! I don't see it anywhere in the Directive 2004/38 regarding freemovement.
Am so supplised that forum members are feeding us with such asumptions which do not exisit. Am not supprised because even boarder guards them selves are not well imformed a bout the issue, thus they act deffencevily.The commission was very clear on the above & i see no reasons why there is still such a narrow interpretation of this.
From the topic which is RIGHT OF EU FAMILY MEMBERS which is what gives them this rights to accompany or join and not travel independently. ONLY a residence permit from any Schengen country is valid to travel independently within the Schengen region.
Sorry charles4u, seems like am not understanding your point! Try cross check what you posted at the begining of this thread, you said any resident card issued by any EU member state is equivalent to a visa, commission does'nt put any restriction on whether to trvl with your EEA family member or independently, and i agree. Now here you say that ONLY a resident permit issued by any schengen member state is valid for trvl independently with in the schengen region. So which one shall we take?
I understanding your point but lately things have being changing and there have been some corrections, clearly now family members of an EU with residence card as a EU family member can travel to join or accompany the EU spouse without visa to any EU member state. I was told at the Hungarian embassy in Romania that I can even travel alone to Hungary without my EU partner that I dont need a visa since a hold a residence as a family member in Romania...which I am sure other EU country dont allow (you see the differences).

Any holder of Schengen country residence holder dont need a visa for ONLY the Schengen countries for 3 months either traveling alone or with the spouse.
Thanks very much, understood.

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