“Residence card of a family member of a Union citizen”的意思、由来-开放百科全书

European Economic Area (EEA) citizens have the right of free movement and residence throughout the EEA. This right also extends to certain family members, even if they are not EEA citizens. A Residence card of a family member of a Union citizen is issued to the family member to confirm this right of residence. The holder of a valid Residence Card is entitled to use this document in lieu of an entry visa for entry to all EEA member states. There is not a unified format for this card throughout the EU.

In the European Union (EU), a family member’s residence card is issued under EU rules by any EU country (except the country the EU family member is a national of) . The residence card should clearly state that the holder is a family member of an EU national.

People who aren't EEA citizen family members but have a residence permit in the EEA for other reasons will get a similar Residence card.

Holders of an EU family member's residence card don't need to obtain a visa for (Bulgaria, Romania, Croatia, Cyprus, Ireland and the UK) if travelling with an EU national.

Sample situation: Ying, the Chinese spouse of a German national living in Finland, has been issued an EU family member’s residence card in Finland. Ying and her husband wish to travel to Romania for an autumn break. As Ying has a valid passport and an EU family member’s residence card, she is not required to obtain an entry visa to travel to Romania with her husband.

Eligibility

Legal background

The Residence Card is defined in articles 9 to 11 of the "Directive 2004/38/EC of the European Parliament and the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States". The central paragraph is article 10(1):

So the card only confirms the right of residence, it does not create it. Even without applying for a Residence Card, a qualifying family member has the right of residence, although it may be difficult to prove.^[3]

National rules

United Kingdom

As of 6 April 2015, the non-EU family members of an EU national who are in possession of Residence card of a family member of a Union citizen, are entitled to enter the United Kingdom without the need to apply for an EEA Family Permit, only by providing their passport and residence card at the border. However, the UK border officers may request proof of their relation to the EU national family member who would be accompanying them as well, such as marriage or birth certificate.

In the case of the EU national family member being present in the UK, the non-EU family members should be able to prove that the EU national family member is residing in the UK and whether they have a right of residency in the UK as a qualified person. Therefore, the non-EU family member should be able to demonstrate that the EU national family member has been residing in the UK less than three months (the initial right of residence) and, if more than three months, that they are in the UK as a worker, student or self-employed or self-sufficient person or they have acquired the status of permanent residency after having resided in the UK for five years. ^[4]^[5]

Ireland

Ireland has now implemented this part of the directive in full according with the Immigration Act 2004 (Visas) Order 2011 and consequently it is now possible for family members to gain entry into Ireland with a residence card issued by any member state.^[6]

Sweden

Sweden has Residence cards (Uppehållskort) which are given to family members of Union citizens who are not themselves Union citizens.

Schengen passport stamping rules for this card

References

1. ^{{cite web|url=http://europa.eu/legislation_summaries/internal_market/living_and_working_in_the_internal_market/l33152_en.htm#KEY|title=EUR-Lex - l33152 - EN - EUR-Lex|website=europa.eu}}
2. ^{{cite web|url=http://www.mvcr.cz/mvcren/article/the-definition-of-a-family-member-of-a-citizen-of-the-european-union-iceland-norway-liechtenstein-and-switzerland.aspx|title=The definition of a family member of a citizen of the European Union, Iceland, Norway, Liechtenstein, and Switzerland - Ministry of the interior of the Czech Republic|website=www.mvcr.cz}}
3. ^{{cite book | last1 = Chalmers | first1 = Damian | last2 = Davies | first2 = Gareth | last3 = Monti | first3 = Giorgio | year = 2011 | title = European Union Law | publisher = Cambridge University Press | edition = 2nd | location = UK | isbn = 0521121515 | pages = {{Google books|GQjXnaies6QC|pp. 474–6|page=474}} | nopp = y }}
4. ^{{cite web|url=https://www.gov.uk/government/publications/entering-the-uk-as-the-holder-of-an-article-10-residence-card/entering-the-uk-as-the-holder-of-an-article-10-residence-card#evidence-you-need-to-bring-in-addition-to-your-residence-card|title=Entering the UK as the holder of an Article 10 residence card|publisher=}}
5. ^{{cite web|url=http://www.eearegulations.co.uk/Latest/ByPage/part1_2|title=2. General interpretation - EEA Regulations 2018|first=|last=EEARegulations.co.uk|website=www.eearegulations.co.uk}}
6. ^{{cite web|title=Immigration Act 2004 (Visas) Order 2011.|url=http://www.irishstatutebook.ie/2011/en/si/0146.html|accessdate=26 January 2014}}
7. ^Report from the Commission to the European Parliament and the Council on the operation of the provisions on stamping of the travel documents of third-country nationals in accordance with Articles 10 and 11 of Regulation (EC) No 562/2006 (COM (2009) 489, p. 7)