EU residence permit rights in member states?

Question

I am British & my husband non-EU European. We live in NL for 6 years & upon renewal of the 5 year residence permit, he received a permanent residents permit.

To visit my parents in the UK, he has get a 6 months visa - it's free but the procedure is cumbersome

Upon this permanent residence status I contacted the British embassy. Bearing in mind that EU nations can travel to the UK visa-free on an ID card, I asked if hubby could do that. I received a one sentence answer (in bad grammatical English!) effectively saying no.

I have been reading up e.g. on the EU council directives on long-term foreign residents and from what I understand this determines that long-term residents should be able to receive the same rights as EU nationals (moving/visiting) http://eur-lex.europa.eu/LexUriServ/site/en/oj/2004/l_016/l_01620040123en00440053.pdf

Could anyone confirm this (one way or the other) for sure please

Answer 1

I have read your question and noticed several points that you are not clear on that would influence a response one way or another. To begin did you enter the Netherlands first and then did you marry your husband? If so, have the two of you been married less than 5 years? When you say you have the 5 year residency permit is that the permit that allows you as an EU citizen to permanently reside in the Netherlands? Does your husband have his long-term resident permit from the Netherlands?

Is suspect the answer you received was based on at least one of the reasons below and if not more:

1) Your husband does not have a long-term residency permit.

2) You do not have sufficient funds to support him once you entered the UK or you are currently relying on public funds in the Netherlands.

3) Your husband may pose a public security risk or allowing him to enter would be against public policy, public safety, or public health.

4) He has been out of the Netherlands too long, greater than 12 months.

5) He has moved from another EU country such as France. Once he moved he lost his long-term residency permit

In regard to the ID Card he is not an EU national, citizen, and his citizenship is determined by his passport not his country of residence. I suspect, based on the wording of your question, his nationality is one that requires a Visa to enter UK and this is allowed under public policy and public security exception of the free movement of people.

Answer 2

Traveling and visas on the whole depend only on the citizenship/passport of the person making the trip, not who (s)he is married to.

There is an EU directive that says non-EU spouses of EU citizens can travel freely (as you referenced), even without a permit or permanent status, but whether each member state recognizes this is an entirely different matter. If a member state has local laws that override the directive, they're normally taken to EU high court or you can file an official complaint with Solvit to intervene on your behalf.

http://ec.europa.eu/solvit/

Long-term residents enjoy extra protection from being expelled or deported in case of a crime or other violation, but even normal residence permit holders are considered to have the same status as an EU resident.