Article 10 residence card

R MATTHEW made this Freedom of Information request to Home Office This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was partially successful.

Dear Home Office,

it states on the home office website that if you are a non-EEA national who holds a valid genuine residence card, issued to you as the family member of an EEA national who is exercising free movement rights in another EEA State (i.e. not your EEA relative’s Member State of nationality) under Article 10 of Directive 2004/38/EC (the ‘Free Movement Directive’), you may use this document for travel to the UK if you are accompanying your EEA national relative here, or joining your EEA national relative in the UK.

An Article 10 residence card is a document which is issued under EU law (‘the Free Movement Directive’) by EEA Member States to non-EEA family members of EEA nationals who are exercising free movement rights in another Member State than that of their nationality. For example, the non-EEA spouse of a French national who is living and working in Italy may be issued with an Article 10 residence card by the Italian authorities.

An Article 10 residence card should feature the wording “Residence Card of a Family Member of a Union Citizen”.

Another document, “Permanent Residence Card of a Family Member of a Union Citizen” issued under Article 20 of the Directive is also acceptable.

Documents issued on any other basis, for example (biometric) residence permits issued under the national law of another Member State are not acceptable and do not exempt the holder from the requirement to obtain an EEA family permit.

For example, a non-EEA spouse of a German national living in Germany will usually hold a residence permit issued under German domestic law. Therefore, a United Kingdom EEA family permit is required for travel and entry to the UK.

A non-EEA spouse of a German national living and working in France will usually hold a residence card issued by the French authorities under EU law. Therefore a United Kingdom issued EEA family permit is not required for travel and entry to the UK.

If you are the non-EEA national family member of an EEA national and you do not hold a residence card issued under Article 10 or Article 20 issued by an EEA Member State, you will need to apply for an EEA family permit before travelling to the UK with/to join your EEA family member.

My question

A valid, genuine Article 10 (or Article 20) residence card allows the non-EEA national family member of an EEA national to travel to the UK without the requirement to obtain an EEA family permit.

1 ) how long can that person stay in the uk ?
2) should that none eea family memeber apply for a uk residance card?
3) can this person exchange their residance card from the other eea country to a uk residance card?
4) can the none eea family memeber apply for a comformation letter to show that have the right to work in the uk ?

can please guide me with the rights of having a article 10 or 20 residance card of a family memeber of a eaa naional who has moved to the with out obtaining a family permit or no visa .

FOI Requests, Home Office

R. Matthew,

Thank you for contacting the Home Office with your request.

This has been assigned to a caseworker (case ref 36296). We will aim to send you a full response by 26/08/2015 which is twenty working days from the date we received your request.

If you have any questions then please do not hesitate to contact us.

Thank you,

FOI Requests
Home Office

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DMC (Croydon), Home Office

1 Attachment

[Subject only] FW: FoI Case Ref 36296 - (R Matthew) - 2015-07-28 - (NW Region)

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Dear DMC (Croydon),

this still dose not give me the infor that i have requested can you please find this info for me please .

Yours sincerely,

R MATTHEW

DMC (Croydon), Home Office

Dear Sir/Madam,

 

 

Thank you for your email correspondence of 17 August.

 

Please confirm the nature of your enquiry.

 

 

Yours faithfully,

 

 

Liz Smith

UK Visas & Immigration

 

 

 

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Dear DMC (Croydon),

Dear Home Office,

it states on the home office website that if you are a non-EEA
national who holds a valid genuine residence card, issued to you as
the family member of an EEA national who is exercising free
movement rights in another EEA State (i.e. not your EEA relative’s
Member State of nationality) under Article 10 of Directive
2004/38/EC (the ‘Free Movement Directive’), you may use this
document for travel to the UK if you are accompanying your EEA
national relative here, or joining your EEA national relative in
the UK.

An Article 10 residence card is a document which is issued under EU
law (‘the Free Movement Directive’) by EEA Member States to non-EEA
family members of EEA nationals who are exercising free movement
rights in another Member State than that of their nationality. For
example, the non-EEA spouse of a French national who is living and
working in Italy may be issued with an Article 10 residence card by
the Italian authorities.

An Article 10 residence card should feature the wording “Residence
Card of a Family Member of a Union Citizen”.

Another document, “Permanent Residence Card of a Family Member of a
Union Citizen” issued under Article 20 of the Directive is also
acceptable.

Documents issued on any other basis, for example (biometric)
residence permits issued under the national law of another Member
State are not acceptable and do not exempt the holder from the
requirement to obtain an EEA family permit.

For example, a non-EEA spouse of a German national living in
Germany will usually hold a residence permit issued under German
domestic law. Therefore, a United Kingdom EEA family permit is
required for travel and entry to the UK.

A non-EEA spouse of a German national living and working in France
will usually hold a residence card issued by the French authorities
under EU law. Therefore a United Kingdom issued EEA family permit
is not required for travel and entry to the UK.

If you are the non-EEA national family member of an EEA national
and you do not hold a residence card issued under Article 10 or
Article 20 issued by an EEA Member State, you will need to apply
for an EEA family permit before travelling to the UK with/to join
your EEA family member.

My question

A valid, genuine Article 10 (or Article 20) residence card allows
the non-EEA national family member of an EEA national to travel to
the UK without the requirement to obtain an EEA family permit.

1 ) how long can that person stay in the uk ?
2) should that none eea family memeber apply for a uk residance
card?
3) can this person exchange their residance card from the other eea
country to a uk residance card?
4) can the none eea family memeber apply for a comformation letter
to show that have the right to work in the uk ?

can please guide me with the rights of having a article 10 or 20
residance card of a family memeber of a eaa naional who has moved
to the with out obtaining a family permit or no visa .

the european team would be better give you the info

Yours sincerely,

R MATTHEW

Dear DMC (Croydon),

My questionA valid, genuine Article 10 (or Article 20) residence card allowsthe non-EEA national family member of an EEA national to travel tothe UK without the requirement to obtain an EEA family permit.
1 ) how long can that person stay in the uk ?

2) should that none eea family memeber apply for a uk residancecard?

3) can this person exchange their residance card from the other eeacountry to a uk residance card?

4) can the none eea family memeber apply for a comformation letterto show that have the right to work in the uk ?

can please guide me with the rights of having a article 10 or 20residance card of a family memeber of a eaa naional who has moved
to the with out obtaining a family permit or no visa .the european team would be better give you the info

Yours sincerely
R Matthew

Kevin Armstrong left an annotation ()

The UK Government has laid regulations before Parliament that will give effect to the ruling in Case C-202/13 McCarthy.

On 16 March 2015, the Immigration (European Economic Area) (Amendment) Regulation 2015 SI No 694 were laid before Parliament and will come into force on 6 April.

The effect of these amendments will be that, from 6 April 2015, EEA Family Permits will no longer be required in circumstances where a valid residence card issued under Article 10 of the Directive is held by a non-EEA national accompanying or joining an EEA national exercising free movement rights in the United Kingdom.

In Case C-202/13 McCarthy the CJEU ruled last December that “Member States are, in principle, required to recognise a residence card issued under Article 10 of Directive 2004/38, for the purposes of entry into their territory without a visa”.

R MATTHEW left an annotation ()

Kevin Armstrong 
It still dose not answer my questions read it carefully I know about the judgment its on yhe home office website

DMC (Croydon), Home Office

Dear  R Matthew,  

 

Thank you for your email.

 

Please see responses to your queries .

 

1 ) how long can that person stay in the uk ? This is dependent on the
European National, family member permission is based on the European being
in the United Kingdom. More than 3 months and the European national needs
to be exercising their Treaty Rights correctly as a qualified person. If
not then both the European National and their family member should leave.

2) should that none eea family memeber apply for a uk residance card? It
depends on whether you are married or not . For a married partner it is
not mandatory but it is mandatory for an unmarried partner. It may be
difficult to obtain work without one.

3) can this person exchange their residance card from the other eea
country to a uk residance card?

 

No  you will need to prove that you meet the requirements in the United
Kingdom. You will need to make an application on form EEA FM and provide
the relevant documents.

 

4) can the none eea family memeber apply for a comformation letter to show
that have the right to work in the uk ?No we do not issue these you will
need to make the application stated above.

 

 

Yours sincerely ,

 

 

Customer Service Advisor

Customer Contact Centres

UK Visas and Immigration

Ground Floor

Vulcan House - Iron

Sheffield

S3 8NS

[1]www.gov.uk/ukvi

 

Accredited to the Customer Service Excellence standard

 

 

 

 

 

 

 

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Dear DMC (Croydon),

if a British citizen dose free movement and returns to the uk but they are not allowed to work cause they are registered disable and have a baby would that person still be a
qualified person exercising their Treaty Rights correctly as a qualified person?
Yours sincerely,

R MATTHEW

Kevin Armstrong left an annotation ()

Presumably you were exercising your treaty rights in the other EU country through work?
So, you return to the UK but register as disabled? What does that mean? You claim a disability benefit, get a Blue badge or just have someone fill in a form saying "disabled"? Being disabled doesn't automatically mean an inability to work.
I assume that if you have a legitimate disability and claim a relevant benefit then you won't have to pass the income/savings rule for immigration purposes so job done!
Why don't you set out your precise circumstances or seek legal advice, it's hardly a FOI request is it?

DMC (Croydon), Home Office

Dear R Matthew,

Thank you for your email.

I am unable to answer non specific queries .

If you give specific details regarding the country that the British Citizen made the home, the length of time that they were overseas and the way in which they exercised their Treaty Rights in that country. I may be able to give further information.

Vicky Huntington |Customer Service Advisor
Customer Contact Centres
UK Visas and Immigration
Ground Floor
Vulcan House - Iron
Sheffield
S3 8NS
www.gov.uk/ukvi

Accredited to the Customer Service Excellence standard

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Dear DMC (Croydon),

Can a british born disable person do ss ?

Yours sincerely,

R MATTHEW

David Hook left an annotation ()

If the Brit is in receipt of DLA/PIP then they are exempt the £18,600 minimum income requirement for a Spouse visa application. All they need to evidence is one month's payment of these or Carer's Allowance into their bank account plus evidence an income equal to couple's rate of JSA/Income Support (approx £114 pw). https://www.dropbox.com/s/vidyyghzn2v1f3...

Any Brit national can exercise their right to EU Free Movement in another EU country. Being less-abled doesn't change that, but to be able to return to the UK at a later date under the SS ruling requires the Brit and Spouse/partner to reside a minimum of 3 months and 1 day there, and the Brit has to be either employed for a minimum of 12hrs pw for at least 10 wks, or self-employed for at least the same length of time. The work has to be 'genuine and effective' in that if you weren't doing the job, somebody else could.

DMC (Croydon), Home Office

Dear R Matthew,

Please can you specify what you mean by s s

Yours sincerely

|Customer Service Advisor
Customer Contact Centres
UK Visas and Immigration
Ground Floor
Vulcan House - Iron
Sheffield
S3 8NS
www.gov.uk/ukvi

Accredited to the Customer Service Excellence standard

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Dear DMC (Croydon),

S s means Surinder Singh

Yours sincerely,

R MATTHEW

Michael left an annotation ()

Hi, with reference to the previous thread, can anyone help with the following?

I have a friend who wants to visit her mother here in the UK. She has a Ukrainian passport but has lived in the Czech Republic for many years & holds an (EU) Czech Republic residence card.

Her Mother is a British Citizen.

So, am I right that under Article 10 of Directive 2004/38/EC (the ‘Free Movement Directive’), she can use her residence card for travel to the UK if she is accompanying/visiting her UK citizen Mother here?

If so, presumably she does not require a UK visa?

ALI left an annotation ()

HI with reference to Matthew's question.can some one help with the following.
if a British citizen married o non EEA Partner in EEA member state and her non EEA partner holding a 5 year residence card from EEA state can he travel to UK with out visa as it says he can as holder of article 10 visa.

ALI left an annotation ()

Hi ali what country residence card your non eea partner holding.