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Hi Guys,

I was reading the following page on the EU movement wordpress blog which is very frequently reffered on this forum.

http://eumovement.wordpress.com/2011/07 ... law-apply/

which states -

You are a citizen of an EU member state and have never lived/worked in a different member state
•EU free movement law is not relevant for a family member’s entry into your country of citizenship. National law applies, and the rules will vary significantly depending on which member state it is. (There are exceptions: In certain circumstances you may benefit from EU law without having resided in another EU country, for example by providing services in another EU country without residing there. And the parents of EU citizen children have some rights to have their parents live with them)

Can anyone shade some light on What are these exceptions and what certain circumstances is this article reffers to? What is the source of this information? Can this be found on EU comissions website or is there any ECJ on this?

Bump

newbieholland wrote:Hi Guys,

I was reading the following page on the EU movement wordpress blog which is very frequently reffered on this forum.

http://eumovement.wordpress.com/2011/07 ... law-apply/

which states -

You are a citizen of an EU member state and have never lived/worked in a different member state
•EU free movement law is not relevant for a family member’s entry into your country of citizenship. National law applies, and the rules will vary significantly depending on which member state it is. (There are exceptions: In certain circumstances you may benefit from EU law without having resided in another EU country, for example by providing services in another EU country without residing there. And the parents of EU citizen children have some rights to have their parents live with them)

Can anyone shade some light on What are these exceptions and what certain circumstances is this article reffers to? What is the source of this information? Can this be found on EU comissions website or is there any ECJ on this?

I think that the 1st bit of the text refers to non-EU nationals who enter the country of origin of the EU spouse and hence EU law does not apply there but a visa system should. Somehow I am not convinced by that.
I not sure about the 1st sentence in the brackets but the 2nd reminds me of a case, I think it was concerning 2 children born in Belgium to South American parents who were/became illegal immigrants but the children had Belgium nationality by birth. The whole case was because they were minors with legal status and the parents had to be allowed to stay. I think they it was Belgium and they were from South America but not be wrong.

I'm not sure about sources, why don't you try Europa.eu as a start, I think there is such information as to free movement, work, study ect. Generally free movement rights apply to EU nationals and they family members (children, spouse, dependent extended family members).

you could of course have a read of Directive 200438/EC which "governs" entry and residence of EU citizens into other EU states AND their non EU family members, and then the guides on the directive that explains some points in easier terms.

or have a good look around the blog that you mention, as a lot of the information is there.

for how an EU citizen takes advantage of the Freedom of Movement without actually moving to another EU state, look at the Carpenter case.

MelC wrote:you could of course have a read of Directive 200438/EC which "governs" entry and residence of EU citizens into other EU states AND their non EU family members, and then the guides on the directive that explains some points in easier terms.

or have a good look around the blog that you mention, as a lot of the information is there.

for how an EU citizen takes advantage of the Freedom of Movement without actually moving to another EU state, look at the Carpenter case.

Hi MelC,

My question was not about EU citizen and their residence in another member state but thanks for directing me to the carpenter case. I had a glance at the summary of the case and it could be helpful in my case. Thanks a million.
Do you know any more relevant cases as I am just trying to strengthen my application.

newbieholland wrote:

MelC wrote:you could of course have a read of Directive 200438/EC which "governs" entry and residence of EU citizens into other EU states AND their non EU family members, and then the guides on the directive that explains some points in easier terms.

or have a good look around the blog that you mention, as a lot of the information is there.

for how an EU citizen takes advantage of the Freedom of Movement without actually moving to another EU state, look at the Carpenter case.

Hi MelC,

My question was not about EU citizen and their residence in another member state but thanks for directing me to the carpenter case. I had a glance at the summary of the case and it could be helpful in my case. Thanks a million.
Do you know any more relevant cases as I am just trying to strengthen my application.

the whole point of free movement IS about citizens moving to other EU states lol and of course returning to their state of origin (surinder singh route) OR, in some cases, such as "carpenter", staying put but the SERVICE crossed the border.

off the top of my head i can't give you any pointers, as i don't know your circumstances, i iwll have a look at what i have here, but one of the guru's or just more well versed among the forum will probably help before i get back to you

MelC wrote:the whole point of free movement IS about citizens moving to other EU states lol and of course returning to their state of origin (surinder singh route) OR, in some cases, such as "carpenter", staying put but the SERVICE crossed the border.

off the top of my head i can't give you any pointers, as i don't know your circumstances, i iwll have a look at what i have here, but one of the guru's or just more well versed among the forum will probably help before i get back to you

I accept that I used a wrong title. I am reading the Carpenter case and this is definately helping me out. I have time till tonight so please share any info you might think would be relevant. I really appreciate your help.