Article 10 case

[netqueen]

Hi everyone,

I would like to know what Article 10 cases are and if being issued with a derivative residence card based on Zambrano application falls under Article 10 cases.

[Obie]

No it does not. A derivative Residence Card issued under CHen or Zambrano Ruling falls outwith the scope of Article 10 of Directive 2004/38EC.

[secret.simon]

See Article 10 of the Directive 2004/38/EC. Article 10 cases appertain to the rights under that specific part of the Directive.

To the best of my knowledge, Zambrano cases do not appertain to the Directive at all, never mind Article 10.

If you give us more details about the issue, we can guide better.

[noajthan]

Hi everyone,

I would like to know what Article 10 cases are and if being issued with a derivative residence card based on Zambrano application falls under Article 10 cases.

A “Residence card of a family member of a Union Citizen” is issued under Article 10 of Council Directive 2004/38/EC.

A derivative card is not issued under Article 10.

Regarding Zambrano

right of residence is not a right conferred by Directive 2004/38/EC (“the Directive”), but is instead a right derived from the right of Union citizenship contained in Article 20 of the Treaty on the Functioning of the European Union (a "derivative right‟). As a result someone who has a derivative right of residence is not entitled to all of the benefits which flow from a right of residence arising under the Directive

Ref https://www.gov.uk/government/uploads/s ... mbrano.pdf

[netqueen]

Noajthan

many thanks for the link and the prompt reply.