help urgently needed frantic with worry

[perkypeach]

Hi I am a UK citizen married to a non eu citizen we have a baby boy. We lived in Germany for a while my baby was born there last year so my husband has a German eu residence card for 5 years.. we moved to the UK in Jan but my husband has really struggled to get a job in England and as I don't want to go and work in germany. We decided it would be best if my husband wentto France as he has a sister there and her husband and kids..
The husband said it is no problem that he can get my husband a job but he needs a residence card for France first.. when he went to apply they told him I mustresident there. Tris I don't really want to have to move there as with having the baby its not the best time for a move.. so now the pressure is on me and my husband is basically saying if I don't go he wont be able to do anything there... Please advise me I am torn as I have rang different places and they said it is up to French law but I don't know what that is..
Does anyone know what documents they would need from me if I moved there so he can get this stupid French eu residence card.. thanks so much

[perkypeach]

Sorry about spelling it went automated and crazy on me so hope you can understand all I wrote.. I also forgot to add if I did move to France hypothetically I wouldn't be working because of the baby would he still qualify for residence if this is the case and would I be allowed to live there if I don't work he would of course get a job once he has the residence card for France..thanks

[enduringdifficulties]

Hi Perkypeach,

I joined this forum yesterday to get help myself but up til now my question hasn't received an answer. I happen to know an answer to your question tho.

For your husband to be able to work in France, you, as an EU citizen, have to be exercising your rights in France, that is, working, studying or being self-sufficient, now like you said, you are not going to be working since you'll be on a maternal leave which falls under the "self-sufficient" category, this implies that you have to be in France and apply for maternity leave benefit there and thus you'll be an EU resident there exercising your treaty rights, you and your husband then can apply for a residence card, he will get a residence card of an EU family member which will explicitly mention that he has the right to work.

[Directive/2004/38/EC]

For him to be there on the basis of Eu free movement law, you would have to be there too. If you do not want to go, then it pretty much shuts the EU free movement law option.

Maybe he can try different places in the UK? Or he tries different types of work?