Nuance in European rules on residence

Free movement in the European Union has conditions called the three month rule and the habitual residence test.

EU law does not demand ‘uncontrolled movement applying to people’, according to Dr Cooper on May 26.

Citizens of an EU country have a ‘fundamental and personal’ right of residence in another EU country.

They are allowed to stay ‘up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport’.

But EU law says they should not become an ‘unreasonable burden’ during their ‘initial period of residence’.

So, their right to reside, with their family members, for more than three months comes with conditions.

They may be required to register where they are living with the local authorities.

They may have to prove that they can support themselves.

In some countries they are expected to report their presence within a reasonable time after they get there.

In some countries they have to carry their passport or ID card at all times and they can be fined if they haven't got it, but they can't be deported for that reason alone.

Students may have to show they are on a recognised course.

Pensioners may have to show they can support themselves.

Job-seekers may look for work for up to six months, but if they can't show they have realistic chance of finding work after six months then they may have to move on. Access to benefits is limited at first. Permanent residence is available after five years.

On top of all this, EU law allows ‘restrictions to be placed on the right of free movement and residence on grounds of public policy, public security or public health’.

It seems that Dr Cooper is not familiar with ‘Your Europe – residence rights’ on the EU’s website europa.eu.

Nor does he appear to be aware of the relevant EU legislation, namely:

‘Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.’

PHIL JONES Member, European Movement UK