European Comission guide to free movement
Laws
- LOI n° 2006-911 du 24 juillet 2006 relative à l’immigration et à l’intégration NOR: INTX0600037L (beginning with Article 23) is the French law with (fully or partially?) transposes Directive 2004/38/EC
- Directive 2004/38/EC in a parallel translation
How well has the Directive been implemented?
- Conformity Study (Directive 2004/38/EC): France (PDF file from 2008)
- Table of correspondence for Directive 2004/38/EC: France (PDF file from 2008)
Schengen
- Schengen Visa Rules and Border Entry for family of EU citizens
freedom of movement in the EU 
Comments
Décret n° 2007-371 du 21 mars 2007 relatif au droit de séjour en France des citoyens de l’Union européenne, des ressortissants des autres Etats parties à l’Espace économique européen et de la Confédération suisse ainsi que des membres de leur famille
http://www.legifrance.gouv.fr/WAspad/UnTexteDeJorf?numjo=INTD0700061D
Decree n° 2007-371 of March 21, 2007 on the right of abode in France of the citizens of the European Union, of the European Economic Area and of the Swiss Confederation, as well as their family members
What about the article 3(2)(a) of directive (2004/38/CE) implementation in French national legislation.
I couldn’t find anything about the article 3(2)(a) in the french national legislation.
Please help me for that.
I would like to have clarified my rights as the spouse of a British citizen wishing to move to France from Canada with my British citizen wife.
According to my understanding of the “Freedom of movement in the EU” directive 2004/38/EC, I am allowed to move to and live anywhere I choose in the EU(my choice is France), as the spouse of an EU citizen.
Can anyone please supply me with more information regarding this subject. What am I supposed to do before my departure for France? What kind of visa would I need to obtain if I am not just visiting, but wishing to reside permanently with my EU citizen wife in France? What rights do I have in terms of employment in the EU?
Any information will be very much appreciated.
Leon Rossouw
The EU citizen and the non-EU citizen have the right to move to other EU countries. They can work or study or retire. You will understand a lot if you read through the material at https://eumovement.wordpress.com/directive-200438ec/
Under 3 months, nothing is necessary : no visa, etc….
Over 3 months, the EU citizens should (must ?) subscribe to french mayor to ask a special new “attestation” that cannot be refused, if the citizen has a garantee of social coverture (and minimal ressources, but that’s not clear for me). That is French taste for “legal paper” & permits to establish: nothing is allowed if not legally permitted…
For EU citizen’s pouse, they need a passport or a visa or a certificate of mariage if the visa is not delivered by your country.
Please advise where case law on this directive can be accessed online
I notice that Directive 2004/38/EC has details about the Right of Permanent Residence, aquired by all Eu nationals residing in a memder state other than their own.
This seems to imply that after 5 years they have the right to equality with nationals of the member state in which they reside, including social and tax advantages.
I’m wondering if this has been transposed into French legislation as well and how this would relate to the French Government’s decision to deny the right of state healthcare provision to any EU national after any cover they may receive from their own country has run out.
Surely if the 5 years and then equal rule exists any non-French Eu national resident in France for a period of over 5 years should have the same rights as French nationals?
Please, kindly advice. My wife is British citizen and I am from Ghana. I have a shengel visitors Visa. We are having our holiday in France right now. I left Ghana last week to join her in France. She came from UK. She arrive at France before me.
Can we decided to stay in France as she is from an EU country(if yes), can I apply to stay with her in France with my Visitors Visa or Do I need to go back to Ghana to change my visa type.
I will appreciate a quick reply.
Wale Joel
I assume you are legally married. (Where is your marriage certificate from? Did you provide a copy of your marriage certificate and a copy of your wife’s UK passport when applying for your visa?)
As far as I can tell from what you wrote, you are both presently legally resident in France. You can stay together in France and work (or play) with no additional formalities for up to 90 days (spring is a nice time in France!). If you want to stay for longer, then your wife needs to be working, or looking for work, or be studying or be self sufficient financially. Work can be part time and she does not be working in any specific kind of job. You will need to apply for a Residence Card for a family member of an EU citizen. This should be issued pretty quickly.
Contact the EU http://ec.europa.eu/citizensrights/ for their opinion on your status.
If you have any problems, contact Solvit. https://eumovement.wordpress.com/help-eu-solvit/
See also http://www.immigrationboards.com/viewforum.php?f=13
I’m a non-EEA married to a French national, does this mean my UK residence card (EEA2) won’t be valid for travel to France and I now need to apply for a Schengen visa???
From the French Embassy website:
March 2009 – FAO the foreign spouse of a EU national (except French national):
The foreign spouse of a EU national (except French national) may enter France without visa if they are holding:
– a valid travel document, i.e. a passport;
– a valid UK residence permit with the endorsement “family member of EEA national”;
– and if they are meeting up or travelling with their EU spouse.
However if you do not satisfy the above conditions, you will need to apply for a visa to travel to France (for instance if your residency is not explicit or if you are travelling to France for business). Note that children and parents of EU Nationals still require visas to travel to France.
If one obtains the five year residence permit as the spouse of a EEA national and then becomes a permanent resident at five years, in France how long afterwards must one wait to seek nationality?
Click to access france_compliance_study_en.pdf
Conformity Study for 2004/38/EC
Need some advice. I am a uk national married to an Egyptian national. he has a spouse residency visa and my name is on the visa as his wife, but the visa is not ‘endorsed with Family member of EEA national’. The three requirements for him to travel with me to a european country are>
– valid travel document;
– a valid UK residence permit with the endorsement “family member of EEA national”(this endorsement is compulsory to be visa exempted) ;
– andif they are joining or travelling with the EU national
It is a UK Souse Visa, but with this endorsement, does it mean we will need a visa from the country’s embassy, or a shchengen visa (not sure how that works)? The sticking point seems to be this endorsement. some uk countries may allow entry without this endorsment, but how do i find out. Can anyone help. Many thanks
If you, a UK national, live in a different EU country with your spouse, then his visa/residence card will be endorsed with “Family member of EEA national”. But (typically) not if you are living in your home country (in this case the UK).
So he is NOT in the UK on the basis of being the spouse of an EEA national.
But if you go on vacation to ANY other EU country, he will be there on the basis of being a family member of an EEA citizen.