Directive 2004/38/EC On The Right To Move and Reside Freely - Status

Status

The right of free movement is granted automatically when the requirements are fulfilled, and it is not subject to an administrative act. However, member states may require the EEA citizen and family members to register with the relevant authorities. The relevant documentations are:

  • an entry visa for the non-EEA family members if they are visa nationals and do not hold a residence card from another member state,
  • a residence certificate (for EEA citizens) or a residence card (for non-EEA family members), which may be valid for up to 5 years and confirms the right of residence,
  • a permanent residence certificate or a permanent residence card, which certifies the right of permanent residence.

Permanent residence is acquired automatically after exercising treaty rights for 5 years, with absences of normally less than 6 months a year, a single absences less than 12 months in certain circumstances (birth, severe sickness, etc.), or longer for military services. Permanent residence removes any restrictions that are in place concerning access to public funds (such as unemployment benefits, a state pension etc.), although some of these restrictions are already lifted after a period of 3 months. Permanent residence is only lost after an absence of 2 years.

All applications covered by the directive are free, or require at most a moderate fee similar to comparable national documents.

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