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I would suggest adding Article 6 - Right of residence for up to three months, paragraphs 1 and 2, making it clear that the word residence in Article 3 also means any EU Citizen that is exercising their right while visiting another member state. When a EU Citizen is outside the EU, they are not exercising their right and therefore the family member cannot benefit from it while traveling alone.– Mark JohnsonCommented Apr 11, 2022 at 8:45
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Lets hope that when the Entry/Exit System (EES) comes into effect, expected at the end of September 2022, the needed changes to the Schengen Border Code will include all residents for such cases.– Mark JohnsonCommented Apr 11, 2022 at 9:09
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For the Schengen Border Code this would also mean that if a EU Citizen is outside the Schengen Area, the family member cannot be joining them. In the end I think that if the EU Citizen is not present to use the ‘EU, EEA, CH' lane, the family member cannot benefit from that right to use it.– Mark JohnsonCommented Apr 11, 2022 at 9:22
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