3.2 Visa exemption for non-EU family members
Article 5(2) of Directive 2004/38/EC provides that possession of a valid residence card referred to in Article 10 of
Directive 2004/38/EC exempts non-EU family members from the visa requirement (123).
a) Residence cards that have a visa-exempting effect under Directive 2004/38/EC
The following residence cards have a visa-exempting effect under Directive 2004/38/EC:
— The ‘Article 10’ residence cards issued to family members of those EU citizens who have moved to a Member
State other than that of their nationality.
— The permanent residence cards issued under Article 20 of Directive 2004/38/EC (replacing the five-year
residence card issued under Article 10 of Directive 2004/38/EC).
Possession of a residence card issued under Article 10 and Article 20 of Directive 2004/38/EC (124) constitutes
sufficient proof that the holder of that card is a family member of an EU citizen (125). The residence card has visa exempting effect in every Member State, including in the EU citizen’s Member State of nationality (126) and regardless of the participation of the issuing or visited Member State in the Schengen area without controls at
internal borders (the Schengen area) (127).
The visa exemption enshrined by Article 5(2) of Directive 2004/38/EC covers family members who are in
possession of a residence card or permanent residence card – both when such a card has been issued to them by a
Member State that is not part of the Schengen area and when it has been issued by a Member State that is part of
that area (128).
Residence cards relevant under Article 5(2) of Directive 2004/38/EC exempt their holders from the visa
requirement independently of whether or not the holder of the card accompanies or joins the EU citizen. Indeed,
in contrast to what is specified in other articles of Directive 2004/38/EC (e.g. Articles 6 or 7), there is no
requirement under Article 5(2) of Directive 2004/38/EC to accompany or join the mobile EU citizen.