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EEA2 - EU national's national law and Directive article 10

Posted: Fri May 24, 2013 3:09 pm
by UKBA HUNTER
As the EU directive grant the right of visa free travel to non-eu national to other members states if holding EEA2 RC and travel along with EU national.
How about the situation if the non-EU national is travelling to EU national's own country along with its EU national spouse and whether does this still cover under article 10 or EU national's domestic/national rules will apply and non-eu national need visa to enter there.

Reply need from all members especially EUsmile, Jambo, Directive/2004 (guru), Obie etc.

Posted: Fri May 24, 2013 9:41 pm
by EUsmileWEallsmile
It should do, but home country might require evidence that treaty rights were exercised (article 10 should in fact help prove this)

Posted: Sat May 25, 2013 8:07 pm
by UKBA HUNTER
Nearly all EU embassies say that non-EU national along with EU national can enter free having EEA2 permit. They donot say anything about EU national's own national visa rules for non-EU national will apply if both travel to EU national's native country i.e. lithuanian national is going to lithuania along with non-eu national. Does this word EU also covers the EU national own country too for visa free travel.

Posted: Sun May 26, 2013 10:29 pm
by Pablito
My opinion is it won't as long as you they don't intend to settle down but only came there for a visit within validity of schengen visa.

But from my experience calling institution in Poland which is responsible for issuing residence cards for non EEA nationals, there is no issue at all concerning prior exercising treaty rights in another member state by Poles.

So if the information given to me was true I don't even need to prove Surinder singh in Poland.