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Article 10 case
Posted: Wed Aug 10, 2016 4:03 pm
by netqueen
Hi everyone,
I would like to know what Article 10 cases are and if being issued with a derivative residence card based on Zambrano application falls under Article 10 cases.
Re: Article 10 case
Posted: Wed Aug 10, 2016 4:11 pm
by Obie
No it does not. A derivative Residence Card issued under CHen or Zambrano Ruling falls outwith the scope of Article 10 of Directive 2004/38EC.
Re: Article 10 case
Posted: Wed Aug 10, 2016 4:12 pm
by secret.simon
See Article 10 of the
Directive 2004/38/EC. Article 10 cases appertain to the rights under that specific part of the Directive.
To the best of my knowledge, Zambrano cases do not appertain to the Directive at all, never mind Article 10.
If you give us more details about the issue, we can guide better.
Re: Article 10 case
Posted: Wed Aug 10, 2016 4:15 pm
by noajthan
netqueen wrote:Hi everyone,
I would like to know what Article 10 cases are and if being issued with a derivative residence card based on Zambrano application falls under Article 10 cases.
A “
Residence card of a family member of a Union Citizen” is issued under Article 10 of Council Directive 2004/38/EC.
A derivative card is not issued under Article 10.
Regarding Zambrano
right of residence is not a right conferred by Directive 2004/38/EC (“the Directive”), but is instead a right derived from the right of Union citizenship contained in Article 20 of the Treaty on the Functioning of the European Union (a "derivative right‟). As a result someone who has a derivative right of residence is not entitled to all of the benefits which flow from a right of residence arising under the Directive
Ref
https://www.gov.uk/government/uploads/s ... mbrano.pdf
Re: Article 10 case
Posted: Fri Aug 12, 2016 12:12 pm
by netqueen
Noajthan
many thanks for the link and the prompt reply.