Residence Card
Encyclopedia
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 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, subject to conditions (although not all EEA states recognise this entitlement).
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.
Implementation in the United Kingdom
The United Kingdom
has implemented this directive in the EEA Regulations (UK)
and the European Casework Instructionshttp://www.ind.homeoffice.gov.uk/documents/ecis/ (especially Chapter 5 and Annex A). This implementation contains a notable difference from the directive:
The application for a Residence Card in the UK is easy. It is usually handled using Form EEA2, and the application is sent by post. Unfortunately, the processing time seems to be very close to the legal maximum of 6 month and sometimes exceeds this limit (as of 2008), and there is absolutely no way to accelerate the process. The Certificate of Application is returned within a few weeks, but it is not clear which purpose it serves apart from explaining in general terms the right to work.
Implementation in Ireland
Ireland calls its Residence Card Stamp 4EUFam (EU Directive 2004/38/EC).
European Economic Area
The European Economic Area was established on 1 January 1994 following an agreement between the member states of the European Free Trade Association and the European Community, later the European Union . Specifically, it allows Iceland, Liechtenstein and Norway to participate in the EU's Internal...
(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 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, subject to conditions (although not all EEA states recognise this entitlement).
Legal Background
The Residence Card is defined in articles 9 to 11 of the "Directive 2004/38/ECDirective 2004/38/EC on the right to move and reside freely
The Directive 2004/38/EC of the European Parliament and of 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...
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):
The right of residence of family members of a Union citizen who are not nationals of a Member
State shall be evidenced by the issuing of a document called "Residence card of a family member of
a Union citizen" no later than six months from the date on which they submit the application.
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.
Implementation in the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
The United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
has implemented this directive in the EEA Regulations (UK)
EEA Regulations (UK)
The Immigration Regulations 2006 amended by SI 2009/1117 and SI 2011/1247 constitute the law that implements the right of free movement of EEA nationals and their family members in the United Kingdom. It is based on Directive 2004/38/EC...
and the European Casework Instructionshttp://www.ind.homeoffice.gov.uk/documents/ecis/ (especially Chapter 5 and Annex A). This implementation contains a notable difference from the directive:
- The UK does not accept Residence Cards issued by other states for entry into the UK. This contradicts the directive, which says that the residence card grants entry to any EU member state. In fact, this is cited as one of the main advantages of the new directive by the European CommissionEuropean CommissionThe European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
.
The application for a Residence Card in the UK is easy. It is usually handled using Form EEA2, and the application is sent by post. Unfortunately, the processing time seems to be very close to the legal maximum of 6 month and sometimes exceeds this limit (as of 2008), and there is absolutely no way to accelerate the process. The Certificate of Application is returned within a few weeks, but it is not clear which purpose it serves apart from explaining in general terms the right to work.