Rights of Entry and Residence for Union Citizens: Workers, Self-Employed and Others - Directive 2004/38 (I)
- Created by: Alasdair
- Created on: 15-11-20 20:33
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- Rights of Entry and Residence for Union Citizens: Workers, Self-Employed and Others - Directive 2004/38
- 1.What are the beneficiaries of the rights set out in Directive 2004/38?
- Article 3(1) states Directive 2004/38 covers two categories of people:
- Union citizens who move from their home State to another Member State - a 'host state'
- 'family members' who may accompany them.
- Article 3(1) states Directive 2004/38 covers two categories of people:
- 2. The main rights in relation to all Member States granted and the Article of the Directive from which each derives.
- Article 4
- Rights of exit
- Article 5
- Right of entry
- Article 6
- Residence up to three months
- Article 7
- Residence for longer than three months.
- Articles 16 and 17
- Permanent residence
- Article 4
- 3. What are the rights of all Union Citizens set out in Article 6 and which individuals can take advantage of them?
- All Union citizens have right of residence of three months in other Member States
- Article 6(2)
- Extends right in section 1 to non-Union national family member 'accompanying or joining' the migrant Union citizen
- Article 6(1)
- They do not have to be pursuing any economic or other activity
- 5. When does an individual become entitled to the right set out in Article 16?
- Article 16 deals with right of permanent residence or Union citizens and their family members.
- According to Article 16, this right arises after five years' continuous legal residence in a host State
- Article 17 and 18
- grant right of permanent residence prior to give years' residence to following workers and self-employed people
- plus family members, in certain situations
- e.g. where migrant Union citizen has retired or become permanently incapable of work.
- plus family members, in certain situations
- grant right of permanent residence prior to give years' residence to following workers and self-employed people
- Article 17(4) even grants family members permanent residence rights, subject to conditions, where worker/self-employed person has died before gaining his or her own permanent residence.
- 4. What are the rights set out in Article 7 and which individuals can take advantage of them?
- Article 7 provides for right of residence in a host State for longer than three months. It applies to Union citizens who fall into following categories, all set out in Article 7 itself:
- Workers and self-employed
- People with with sufficient resources to support themselves, and with sickness insurance
- People with sufficient resources to support themselves during their course and who have sickness insurance (this includes children at school).
- Family members of other categories, whatever their nationality
- Article 7 provides for right of residence in a host State for longer than three months. It applies to Union citizens who fall into following categories, all set out in Article 7 itself:
- 6. What documents must be produced to exercise each of the rights have identified?
- Right of exit from a Member State (Article 4)
- for union citizens:
- ID card or passport
- for family members not Union citizens
- passport
- for union citizens:
- Right of entry to a host State (Article 5)
- as for exit, except non-Union citizens may also be required to obtain a visa by Member State which they seek to enter (unless they hold a valid residence card issued by another Member State)
- Right of exit from a Member State (Article 4)
- 7. What are the consequences if an individual fails to register with the State authorities?
- 6 and 7 continued on second mindmap
- 1.What are the beneficiaries of the rights set out in Directive 2004/38?
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