Residence card
Residence card (full name: residence card for family members of a Union citizen , English Residence card of a family member of a Union citizen , Spanish tarjeta de residencia de familiar de un ciudadano de la Unión , Italian carta di soggiorno di familiare di un cittadino dell'Unione , French Carte de séjour de membre de la famille d'un citoyen de l'Union , Dutch verblijfskaart van een familielid van een burger van de Unie ) is the name of the residence document that is issued in the European Economic Area for family members of an EEA citizen who is not entitled to free movement the citizenship of an EEA country, but a third -country nationality .
purpose
With the residence card, the third-country family member of the EEA citizen receives the same free movement status as the EEA citizen. The card is intended to enable EEA citizens who are related to non-EEA citizens to exercise their right of free movement under European law without being disturbed by the fact that the family member cannot follow them because there is no such thing in the destination country Right of residence.
- Example: A German citizen who is married to a Cuban woman wants to move to Paris in order to live and work there permanently. He himself is entitled to this right because he is an EEA citizen and can reside in any other EEA country and work there. His wife does not have this right as a Cuban citizen; their stay in France would be determined by the French law of residence. As a person who is not married to an EEA citizen, they would need a visa to enter France even for a short stay → Regulation (EU) 2018/1806 (EU visa regulation) . However, since she enjoys the same freedom of movement as her German husband under European law - regardless of her nationality - she can accompany her husband without any problems. While her husband may have to register in France (→ main article registration certificate ), the Cuban, as a non-EEA citizen, receives a residence card from the French authorities.
The regulation thus serves to protect marriage and family and to establish and maintain family unity in the event of relocation to another EEA member state.
Legal basis and scope
The legal basis of the residence card are Articles 10 and 11 of Directive 2004/38 / EC (Union Citizens Directive) . The directive applies throughout the European Economic Area (EEA). It is not valid in Switzerland . The Directive is not directly applicable in the Member States; In terms of content, however, it is to be transferred by the member states into the respective national legislation.
requirements
The card will only be issued if the EEA citizen and his / her family member reside in an EEA state other than the one of which the EEA citizen is a national.
If the EEA citizen lives in his own country, there is generally no case of freedom of movement under European law. The right of residence of the family member living with him is then assessed exclusively according to the national right of residence.
- Example: The Serbian wife of a German national living in Germany does not receive a residence card, but a residence permit in accordance with Section 28 (1) No. 1 of the German Residence Act (AufenthG). The Union Citizens' Directive does not apply.
It is only different if the stay in the home country of the EEA citizen has a background of free movement.
- Example: The German citizen moves to London with his Serbian wife . The UK authorities give him a UK certificate of registration and his wife a UK residence card. If the two have lived there for some time (it is required to have made use of the right to free movement with a certain degree of sustainability - a short stay in another EEA country is not enough!) And then return to Germany, the wife will no longer lose this status. She also receives a (German) residence card from the German authorities . Here the German has made use of his right to freedom of movement. Since he could be restricted in asserting the right of free movement because he feared that he would no longer be able to return to Germany without further ado because his wife would be subject to the stricter German right of residence if he returned (which can mean, for example, that he has to provide proof of livelihood and German language skills are), the wife will be granted free movement status acquired in the United Kingdom in Germany as well. This handling, which is necessary from the point of view of European law, often raises the question of national discrimination . People who have not made use of their right to freedom of movement because they have only ever lived in their home country are often less fortunate in terms of residence law in relation to their spouse.
The residence card is not issued for family members who themselves are subject to EEA member state. Like EEA citizens, you will receive a registration certificate in some EEA countries , but no residence document at all in other EEA countries (e.g. since January 29, 2013 in Germany). To prove your right of residence, an official proof of identity is sufficient, from which the nationality can be found (identity card, passport). For further details → main article certificate of freedom of movement (Germany) .
According to Article 10 (2) of the Union Citizens' Directive, the member states require the following documents for the issue of a residence card:
- a valid passport,
- a certificate of the existence of a family relationship,
- a registration certificate from the Union citizen they are accompanying or joining, or, if there is no registration system (e.g. in Germany), some other proof of the residence of the Union citizen concerned in the host Member State,
- a certificate that the family member either
- Is a child of the EEA citizen and is not yet 21 years old or receives maintenance from the EEA citizen or
- Is the father or mother of the EEA citizen and receives maintenance from him,
- For every other family member, a document issued by the competent authority in the country of origin or country of origin, which shows that the person concerned is dependent on the EEA citizen or has lived with him in the same household, or evidence of serious health reasons that require personal care of the family member by the EEA citizen make it mandatory
- for the life partner of an EEA citizen, proof of the existence of a permanent relationship with the EEA citizen.
Procedure
Pursuant to Article 10 (1) of the Union Citizens' Directive, non-EEA family members of an EEA citizen will be issued a residence card no later than six months after submitting the relevant application. A certificate of submission of the application for a residence card will be issued to him immediately.
According to Art. 11 (1) Union Citizens' Directive, the residence card is valid for five years from the date of issue or for the planned duration of the Union citizen's stay if this is less than five years.
The validity of the residence card is not affected by temporary absences of up to six months a year, longer absences due to the fulfillment of military duties, or a single absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training or professional posting to another member state or a third country (Art. 11 para. 2 Union Citizens' Directive)
Elimination of the reference person
The right of residence derived from the EEA citizen remains in effect after their departure or death if the family member has stayed with the EEA citizen for at least one year. Before the relative acquires the right of permanent residence, his right of residence remains subject to the condition that he can prove that he is an employee or self-employed person or has sufficient means of subsistence for himself and his family members so that he does not receive any social assistance benefits from the host member state during his stay in And that he has full health insurance coverage in the host Member State or that he is already considered a member of the family of someone who fulfills these conditions in the host Member State. The affected family member retains his / her right of residence exclusively on a personal basis (Art. 12 (2) Union Citizens' Directive)
The departure of the EEA citizen from the host Member State or his death does not result in the loss of the right of residence for his or her children or for the parent who actually takes care of the children, regardless of their nationality, until the completion of their education if the children are together reside in the host Member State and are enrolled in an educational institution for training purposes (Art. 12 para. 3 Union Citizens' Directive)
The divorce or annulment of the marriage or the termination of the registered partnership does not lead to the loss of the right of residence for family members of an EEA citizen who are not citizens of a Member State, if
- the marriage or registered partnership had existed for at least three years, of which at least one year was in the host Member State, up to the initiation of judicial divorce or legal annulment proceedings or until the termination of the registered partnership, or
- custody of the children of the EEA citizen is transferred to the spouse or civil partner who is not a national of an EEA member state on the basis of an agreement between the spouses or civil partners or by court decision, or
- it is necessary due to particularly difficult circumstances, such as victims of domestic violence during marriage or civil partnership, or
- the spouse or civil partner who is not a national of an EEA member state is granted the right to personal contact with the minor child based on an agreement between the spouses or civil partners or by a court decision, provided the court has come to the conclusion that the handling - as long as it is considered necessary - may only take place in the host Member State.
Before those affected acquire the right of permanent residence, their right of residence is subject to the condition that they can prove that they are employees or self-employed or have sufficient means of subsistence for themselves and their family members so that they do not receive any social assistance benefits from the host Member State during their stay in And that they have full health insurance in the host Member State or that they are already considered family members in the host Member State of someone who fulfills these conditions. The family members concerned retain their right of residence exclusively on a personal basis (Art. 13 (2) Union Citizens' Directive).
Implementation in Germany
Web links
- Directive 2004/38 / EC (Union Citizens' Directive) in the consolidated version of June 16, 2011 , accessed on January 13, 2013
