fysicus wrote:In fact the RC as an Immigration Status Document on A4 is a violation of
Regulation 1030/2002, which allows only two formats: either a sticker in the passport (similar to a visa) or a plastic (credit-card style) card.
This is very interesting. Thanks for posting it. It turns out that things are not perhaps as clear as you'd thought, but interesting nonetheless.
Regulation 1030/2002 (laying down a uniform format for residence permits for third-country nationals) is still in force. Regulation 380/2008 (amending Regulation (EC) No 1030/2002 laying down a uniform format for residence permits for third-country nationals) amends regulation 1030/2002, but does not replace it.
Article 5 of 1030/2002 says that:
This Regulation shall not apply to third-country nationals who are:
Members of the families of citizens of the Union exercising their right to free movement,
Nationals of Member States of the European Free Trade Association party to the Agreement on the European Economic Area and members of their families exercising their right to free movement in accordance with that Agreement,
However, article 1.6 of Regulation 380/2008 amends this to say:
Article 5a
Where Member States use the uniform format for purposes other than those covered by this Regulation, appropriate measures must be taken to ensure that confusion with the residence permit referred to in Article 1 is not possible and the purpose is clearly indicated on the card.
I take this to mean that Member States may, use the amended regulation for those covered by directive 38/2004/EC if they wish, but that they're not obliged to. If they do use the same format for article 10 cards, they must clearly distinguish between residence cards (article 10) and permits.
Interestingly, the format of the UK residence card pretty much follows the pattern of the sticker option in the original regulation very closely.
Also for entry 6.4 (ie the spaces on the common cards reserved for items such as name, place of issue, etc);
(Old Regulation 1030/2002) says
Type of permit: the specific type of residence permit issued by the Member State to the third-country national (*). The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry ‘family member’.
(New Regulation 380/2008) says
The residence permit of a member of the family of a citizen of the European Union who has not exercised the right of free movement must contain the entry “family member”. In the case of beneficiaries under Article 3(2) of 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 (*), Member States may enter “beneficiary under Article 3(2) of Directive 2004/38/EC”.
Of course the beneficiaries under article 3.2 are other family members.
I wonder does the UK issued resident permits for family members of UK nationals state that they are family members at the allocated place on the card? It might be helpful to holders if they did.