Home / Summaries / WS5 Free Movement of Workers - Right of Entry and to Reside (Article 45(1)) / eu-citizen-conditions

STEP 2: If an EU national, what rights can they exercise in terms of entry and residence in a MS - Identify relevant secondary legislation (Directive 2004/38) which plugs the gaps and AMPLIFIES/provides detail on rights of entry/ residence mentioned in article - Rights of residence

Q: Under art. 6 are uninon citizens required to pursue economic activity during their initial right of residence of three months in another MS (art. 6(1) ? Are there any conditions attached to this? Does this also extend to non-EU family members accompanying the Uninon citizen worker art. 6(2) ?

Art. 6(1) - Union citizen does not have to perform any economic activity for the first three months . No formalities other than ID card or passport Art. 6(2) - extends to non-EU family members w. valid passport

5 important questions on STEP 2: If an EU national, what rights can they exercise in terms of entry and residence in a MS - Identify relevant secondary legislation (Directive 2004/38) which plugs the gaps and AMPLIFIES/provides detail on rights of entry/ residence mentioned in article - Rights of residence

Under art. 6 are uninon citizens required to pursue economic activity during their initial right of residence of three months in another MS (art. 6(1)? Are there any conditions attached to this? Does this also extend to non-EU family members accompanying the Uninon citizen worker art. 6(2)?

Art. 6(1) - Union citizen does not have to perform any economic activity for the first three months. No formalities other than ID card or passport
Art. 6(2) - extends to non-EU family members w. valid passport

What requirements must be met under Article 7(1) for an EU national to reside in a host state for longer than three months? 4 conditions (a-d)

(a) A worker or self-employed
(b) sufficient resources to support themselves and their family members and must not become a burden on the social assistance system and with comprehensive sickness insurance cover
(c) students who have sufficient resources to support themselves + have sickness insurance
(d) family members can accompany only if the EU citizen satisfies the conditions (a), (b),(c) (art. 7(2))

What requirements must be met under Article 7(1) for an EU national to reside in a host state for longer than three months? 4 conditions (a-d)

(a) A worker or self-employed
(b) sufficient resources to support themselves and their family members and must not become a burden on the social assistance system and with comprehensive sickness insurance cover
(c) students who have sufficient resources to support themselves + have sickness insurance
(d) family members can accompany only if the EU citizen satisfies the conditions (a), (b),(c) (art. 7(2))

Explain how an EU citizen and their family members are able to reside in a host state permanently under art. 16?

The right of permanent residence arises after 5 years of continuous legal residence.

Are there exceptions to the 5-year rule under art.16 which are mentioned under art.17-18?

Exceptions include where the EU citizen worker has retired or become permanently incapable of work.

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WS5 Free Movement of Workers - Right of Entry and to Reside (Article 45(1))

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STEP 2: If an EU national, what rights can they exercise in terms of entry and residence in a MS - Identify relevant secondary legislation (Directive 2004/38) which plugs the gaps and AMPLIFIES/provides detail on rights of entry/ residence mentioned in article - Rights of residence

Under art. 6 are uninon citizens required to pursue economic activity during their initial right of residence of three months in another MS (art. 6(1)? Are there any conditions attached to this? Does this also extend to non-EU family members accompanying the Uninon citizen worker art. 6(2)?

What requirements must be met under Article 7(1) for an EU national to reside in a host state for longer than three months? 4 conditions (a-d)

What requirements must be met under Article 7(1) for an EU national to reside in a host state for longer than three months? 4 conditions (a-d)

Explain how an EU citizen and their family members are able to reside in a host state permanently under art. 16?

Are there exceptions to the 5-year rule under art.16 which are mentioned under art.17-18?

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