Article 45 TFEU; free movement of workers; searching for work
Article 3(1) states that Directive 2004/38 covers two categories of people:
■ Union citizens who move from their home State to another Member State – a ‘host State’; and
■ ‘family members’ who may accompany them.
The main rights granted are rights of:
- exit (Article 4)
- entry (Article 5)
- residence for up to three months (Article 6),
- residence for longer than three months (Article 7) and
- permanent residence (Articles 16 and 17)
in relation to all Member States.
Under Article 6 all Union citizens have an initial right of residence of three months in other Member States; they do not have to be pursuing any economic or other activity - Article 6(1)
extends this right to non-Union national family member ‘accompanying or joining’ the migrant Union citizen.
provides for the right of residence in a host State for longer than three months. It applies to Union citizens who fall into the following categories, all set out in Article 7 itself:
- ■ workers and the self-employed;
- ■ people with sufﬁcient resources to support themselves, and with sickness insurance;
- ■ students who declare that they have sufﬁcient resources to support themselves during their course and who have sickness insurance (this includes children at school); and
- ■ family members of the above, whatever their own nationality.
deals with the right of permanent residence for Union citizens and their family members. According to Article 16, this right arises after ﬁve years’ continuous legal residence in a host State.
Articles 17 and 18 grant this right prior to ﬁve years’ residence to the following workers and self-employed people, plus their family members , in certain situations, eg where the migrant Union citizen has retired or become permanently incapable of work.
Note too that Article 17(4)
even grants family members permanent residence rights – subject to conditions – where the worker/self-employed person has died before gaining his or her own permanent residence rights.
The documents needed to exercise these rights are as follows:
(a) Right of exit from a Member State (Article 4)
(for Union citizens: ID card or passport; for family members who are not themselves Union citizens: passport).
(b) Right of entry to a host State (Article 5)
: as for exit, except that non-Union citizens may also be required to obtain a visa by the Member State which they seek to enter. However, the host State must give ‘every facility’ to obtain such a visa, and it must be free of charge and issued as quickly as possible.
(c) Right of residence in a host State for up to three months (Article 6)
. Both Union citizens and their family members of other nationalities are required only to hold a valid ID card or passport during their stay.
(d) Right of residence in a host State for longer than three months (Article 7)
– dealt with in Article 8. Registration with the authorities of the host State may be required, resulting in the issue of a registration certiﬁcate.
Article 8(3)–(5) lists the documents which may be required upon registration.
of the Directive grants all Union citizens a right of residence of up to three months in other Member States; there is no need for them to be carrying on an economic or any other activity during that period.
of the Directive also provides that Union citizens who entered the host State to look for work may not be expelled for as long as they can provide evidence that they are still looking for work
and have a genuine chance of being engaged.