Post
by logical_1 » Wed Jan 14, 2015 9:07 am
This was posted on one of fb groups:
This is from an email that one of my friends received from Europa advice after asking if they could travel to the UK without applying for FP. They traveled to the UK on New Years eve without any problems. Didn't even get asked any questions at the boarder. Just stamped his passport.
Last week, the EU Court of Justice handed down an important ruling that held that Member States are, in principle, required to recognise a residence card issued under Article 10 of Directive 2004/38, for the purposes of entry into their territory without a visa.
The EU Court of Justice s ruling in case C-202/13 McCarthy specifically held that the UK authorities were in breach of Directive 2004/38 by requiring family members of EU citizens to obtain an EEA Family Permit even though they held a residence card and wished to travel to the UK with their EU or join them there.
This principle also applies to the family members a British citizen returning home after having resided together in another EU Member State.
As a result, the UK should now be recognising EU family member residence cards issued by other Member States and should not be requiring them to apply for an EEA Family Permit in order to travel to the UK. This would include any European residence card.
The EU Court did not limit the effects of its judgment in time. Therefore the ruling applies irrespective of when your spouse was issued with their residence card, provided it has not expired when he seeks entry with you to the UK.
The UK authorities are required to give effect to this judgment.
EU law takes precedence over conflicting provisions of national law. According to the established case law of the Court of Justice of the European Union, where a directly applicable provision of EU law contravenes national law, national courts are under an obligation to set aside the offending provision of national law and uphold the provision of EU law (Case 106/77 Simmenthal [1978] ECR 629). This obligation also applies to national governmental agencies and other public authorities (Case 103/88 Fratelli Constanzo [1989] ECR 1839). t is also the duty of the courts to give UK regulations a construction with accord with instruments of EU law (Lister v Forth Dry Dock [1988] UKHL 10 (16 March 1989)) and this is to be done by implying the words necessary to achieve that result (Pickstone v Freemans plc [1988] UKHL 2 (30 June 1988)).
As a result, the Home Office – including both UK Visas and Immigration and Border Force – are under a legal obligation to allow entry to the UK to family members of an EU citizen who hold a residence card issued by other EU countries, provided this residence card identifies them as the family member of an EU citizen.
This legal obligation takes immediate effect and does not depend upon the date of issue of the family member s residence card.
This legal obligation also applies to family members a British citizen returning home after having resided together in another EU Member State, when they hold a residence card identifying them as the family member of an EU citizen.
We recommend that if you and your spouse try to enter the UK on this basis, you would need to travel with the following documents:
-your passports;
-your spouses residence card;
-proof of your employment in Europe;
-your marriage certificate (together with a translation into English if it was not issued in English); and
-proof of your joint residence in Europe (e.g. rental agreement with both your names, utility bills with both your names, official government documents with both your names etc.).
We advise you and your spouse to print out a copy of this advice for whenever you travel to the UK.
We hope this answers your query.
We remain at your disposal, should you require further information.
To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.
Did u sell your soul for a mere stack?
