"I have never welcomed the weakening of family ties by politics or pressure" - Nelson Mandela.
"He who travels for love finds a thousand miles no longer than one" - Japanese proverb.
"Everyone has the right to respect for his private and family life, his home and his correspondence." - Article 8 of the European Convention on Human Rights.
"When people's love is divided by law, it is the law that needs to change". -
David Cameron.

Thursday, 9 May 2013

Directive 2004/38/EC

http://eumovement.wordpress.com/directive-200438ec/

Very informative post on free movement for EU citizens, and their non-EU family members. Mirrored here for public information and reference.

'European Parliament and Council Directive 2004/38/EC of 29 April 2004 is about the right of citizens of the Union and their family members to move and reside freely within the territory of the EU and EEA member states.

'This new directive brings together most of the piecemeal measures found in European law previously. The new measures are designed, among other things, to encourage Union citizens to exercise their right to move and reside freely within Member States, to cut back administrative formalities to the bare essentials, to provide a better definition of the status of family members and to limit the scope for refusing entry or terminating the right of residence. Also it broadens the definition of family to also include non-married partners.

Who is covered by Directive 2004/38/EC?

    Citizens of an EU or EEA member state who visit, live, study or work in a different member state
    The EU citizen’s direct family members, including their non-EU spouse and the spouse’s direct family members (such as children)
    Other family members who are “beneficiaries”, including common law partners, same sex partners, and dependent family members, members of the household, and sick family members
    Family members (as outlined above), where the EU citizen has worked in another member state and now wishes to return to their “home” country to work [Singh]

Who is NOT covered by Directive 2004/38/EC?

    If a citizen is living in their home EU member state and has not worked in other EU member state, then this Directive does not apply.  All movement of non-EU family members into the home state is governed by national law.
    Some old-EU member states have special “transitional” arrangements that curb the ability of citizens of new EU states (Bulgaria and Romania) to move freely for work.  The curbs can be maintained until 2014.  Citizens of new EU member states can however travel without visas throughout Europe, and their non-EU family members can travel freely with them.
    Citizens of non-EEA countries who are not travelling with or joining family members who are EU/EEA citizen.

What is covered?


    No-cost, easy, fast issue of visas
    Easy right to stay for up to 90 days if so desired.  EU citizens and their non-EU family can work if desired in this period, or play.
    Easy right to stay longer if the EU citizen is working, is a student, or has medical insurance and is self sufficient
    Permanent residence after 5 years
    Right of facilitated entry if passports have been lost, or if a visa has not been obtained
    Applications can only be turned down in three limited circumstances (public health, public policy, national security), or when a marriage is determined to be fraudulent.  Reasons for refusal must be spelled out in detail and there is a right of appeal.
    EU citizens and their non-EU family members can not legally be treated differently than citizens of their EU host country

What 2004/38/EC means

    Summary of the key features of Directive 2004/38/EC
    (2010) Freedom to move and live in Europe – A Guide to your rights as an EU citizen (also available in other EU languages)
    (2007) European Commission: Guide to free movement. This is an informative guide which goes point by point through the Directive explaining the intent, implications and limits.  Includes an introduction by Franco Frattini, Vice President of the European Commission, entitled “Civis europaeus sum“
    (2010) European Commission: Reaffirming the free movement of workers: rights and major developments COM(2010)373 final   Brussels, 13.7.2010
    Differences between Directive 2004/38/EC and previous EU law is decent review of the changes in the Directive, including the free movement case law incorporated into it

Things to be aware of

    There is no requirement that non-EU family members have previously been resident in the EU.   An EU citizen and family members can move from outside the EU to an EU country (but not directly to the EU citizen’s home country!) on the basis of this Directive
    Family members must be travelling with or joining the EU citizen, in which case they have the same free movement rights as the EU citizen.  They do not, in general, have an independent right of free movement to new places.


Source : http://eumovement.wordpress.com/
(Great blog with a lot of information)

Related : http://britcits.blogspot.co.uk/search/label/surinder%20singh

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