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
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))
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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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