All times are UTC




Post new topic This topic is locked, you cannot edit posts or make further replies.  [ 34 posts ]  Go to page Previous  1, 2, 3, 4  Next
Author Message
 Post subject: Re: European Union Freedom of Movement
Post Number:#21  PostPosted: 20 Dec 2011 17:14 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
    They will take into account the duration of your residence, the personal circumstances and the amount of aid granted.
    If the host EU country concludes that you have become an unreasonable burden on its social assistance system, they may proceed to your expulsion. However, an expulsion measure can in no case be the automatic consequence of recourse to the social assistance system.


    Consequences of expulsion

    Should you be expelled on these grounds, the host EU country cannot impose a ban on entry and you can return back at any time and enjoy the right to reside if you meet the relevant conditions described in Chapter 6.

    Economically active persons are exempted

    Categories whose right to reside is not subject to the condition of sufficient resources, such as workers or self-employed persons, cannot be expelled because they receive social assistance benefits.

    Where can I find more?

    You can fi nd the precise legal wording on the matter covered in this section in Article 14 of the Directive.

    Family members

    What happens to family members if the EU citizen loses
    their right to reside?


    Retention of residence by family members

    Your family members may, under certain conditions, retain their right to reside in the event of your death, departure or termination of family ties (divorce, annulment of marriage or termination of registered partnership).

    As their right to reside is derived from your right to move and reside freely and is dependent on it, your death, departure or termination of family ties aff ects their legal position in the host EU country. Once the right of permanent residence is acquired (see Chapter 9), this right is unconditionally retained even in the event of your death, departure of termination of family ties.

    Once again, the situation of your family members depends on whether they are EU citizens
    or not.


    They are EU citizens themselves

    If they are EU citizens, their right to reside is not aff ected if they meet the conditions of the right to reside on their own (basically they must be workers or self-employed, or alternatively students or inactive persons with comprehensive sickness insurance cover and sufficient resources) or if they are family members of an EU citizen who meets these conditions (e.g. family members who are dependent).


- 24 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#22  PostPosted: 20 Dec 2011 17:15 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
    They are not EU citizens

    If they are not EU citizens, their right to reside is not affected if they meet the conditions
    of the right to reside on their own or if they are family members of a person meeting these
    conditions. In addition, they must meet certain additional conditions depending on
    the circumstances, and these are listed below.

    Death or departure of the EU citizen

    Your death will not lead to the loss of the right of residence of your third country family
    members provided that they have been residing in the host EU country as your family
    members for at least one year before your death.

    School children and their parents

    In case of your departure, your third country family members in principle do not retain
    their right of residence but your departure or death should not affect the right of residence
    of your children or of the parent who has actual custody of the children, irrespective
    of nationality, if the children are enrolled at an educational establishment, until the
    completion of their studies.

    Divorce or termination of registered partnership

    Your third country family members can acquire an autonomous right to reside if, prior
    to initiation of the divorce proceedings or termination of the registered partnership, the
    marriage or registered partnership has lasted at least three years, including one year in the host EU country.

    Custody of or access to the EU citizen’s children

    Your third country family members can acquire an autonomous right to reside also if, by
    agreement between the spouses or the partners or by court order, he or she has custody
    of your children or has the right to access to your minor child, provided that the court ruled
    that such access must be in the host EU country.
    In the case of right to access to a minor child, the right to reside is retained for as long as
    it is required.

    Particularly difficult circumstances

    The family members acquire an autonomous right to reside also if this is warranted by
    particularly difficult circumstances, such as having been a victim of domestic violence
    during the marriage or registered partnership.


    Where can I find more?

    You can find the precise legal wording on the matter covered in this section in Articles 12
    and 13 of the Directive.


- 25 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#23  PostPosted: 29 Dec 2011 16:38 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
Image

    What are your rights after five years of
    continuous lawful residence?


    Right of permanent residence

    The Directive provides for a right of permanent residence for EU citizens and their
    family members.


    How do EU citizens acquire it?

      All you need is … five years of continuous legal residence in the host EU country and
      you are entitled to reside there on a permanent basis! † This right is granted to you
      directly by EU law.


- 26 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#24  PostPosted: 29 Dec 2011 16:59 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
    This right is unconditional but can you lose it?

    Once acquired, this right is not subject to the conditions foreseen under Chapters
    6 and 7 above. You can lose this right only through absence for a period exceeding
    two consecutive years.


    Acceptable absences

    Continuity of residence is not aff ected by the following:

    • temporary absences not exceeding a total of six months a year; or
    • absences of a longer duration for compulsory military service; or
    • one absence of a maximum of twelve consecutive months for important reasons
      such as pregnancy and childbirth, serious illness, study or vocational training, or a
      posting in another EU country or a third country.


    How do family members acquire it?

    Your family members who have legally resided with you in the host EU country for
     five years acquire the right of permanent residence too.

    Family members who retained the right to reside in the host EU country in the event of your
    death, departure or termination of family ties, may also acquire the right of permanent
    residence on their own after fi ve years of residence.


    More favourable treatment for workers and self-employed

    The requirements you need to meet to acquire the right of permanent residence depend
    on your status in the host EU country. Some categories of persons receive more favourable
    treatment.

    If you are a worker or self-employed person you may acquire, under certain conditions,
    the right of permanent residence before completion of a continuous period of fi ve years
    of residence in the following three cases:


    1. Reaching the age of entitlement to old age pension or early
    retirement


    If you stop working because you have reached the age for entitlement to an old age
    pension or to take early retirement, provided:

    • you have been working in that EU country for at least the preceding twelve months;
      and
    • you have resided there continuously for more than three years.

    If the law of the host EU country does not grant the right to an old age pension to certain
    categories of self-employed persons, the age condition is met once the person concerned
    has reached the age of 60.


- 27 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#25  PostPosted: 30 Dec 2011 06:22 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
    2. Permanent incapacity to work

    If you have stopped working in the host EU country as a result of permanent incapacity
    to work, provided:

  • you have resided there continuously for more than two years.

    If your incapacity is the result of an accident at work or an occupational disease, you do not
    have to meet the condition on length of residence.

    3. Frontier workers

    If you work in another EU country, provided:

  • this is after three years of continuous employment and residence in the host EU
    country; and
  • you retain your place of residence in the host EU country, to which you return each
    day or at least once a week.

    For the purposes of acquiring your right to permanent residence in the host EU country in
    the first two cases, periods of employment spent in the EU country in which you work are
    considered as having been spent in the host EU country.

    Family members

    In the three cases listed above, your family members who are residing with you in the host
    EU country acquire the permanent right of residence when you acquire it.

    If you are a worker or self-employed person, in the case of your death before you acquire
    the permanent right of residence, your family members who were residing with you can
    acquire this right provided:

  • you had, at the time of death, resided in the host EU country continuously for two
    years; or
  • the death resulted from an accident at work or an occupational disease; or
  • if the surviving spouse lost the nationality of that EU country following marriage
    to you.

    Where can I find more?

    You can find the precise legal wording on the matter covered in this section in Articles 16
    and 17 of the Directive.


- 28 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#26  PostPosted: 30 Dec 2011 06:32 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
    Administrative requirements

    What do you need to do to prove your permanent residence status?

    What document will be issued to you?

    Your right of permanent residence as an EU citizen is evidenced by a document
    certifying permanent residence which must be issued as soon as possible upon
    application. You are not obliged to apply for it but it might be helpful to prove your
    status as a permanent resident.


    And to your family members?

    Your family members who are EU citizens themselves will get the same document.
    Third country family members have to apply for the permanent residence card before
    their standard residence card expires. They should be issued with a permanent residence
    card within six months of application. The permanent residence card is automatically
    renewable every ten years.


    Sanctions

    If your third country family members fail to comply with the requirement to apply for a
    permanent residence card, they can be liable to proportionate and non-discriminatory
    sanctions. However, they cannot be expelled for mere violation of this rule.


    Where can I find more?

    You can fi nd the precise legal wording on the matter covered in this section in Articles 19
    and 20 of the Directive
    .


- 29 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#27  PostPosted: 30 Dec 2011 06:38 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
Image


    What other rights do you have if you move to live
    or work in another EU country?


    What other rights do you have?

    If you move to live or work in another EU country you enjoy a whole set of additional
    rights to make the freedom of movement meaningful and useful.


    Equal treatment

    The most important of these rights is the right to equal treatment. Article 18 of the Treaty
    on the Functioning of the European Union stipulates that, within the scope of application
    of EU law and without aff ecting any special provisions, any discrimination on grounds of
    nationality is prohibited.

    The Directive extends this right to family members, which means that EU citizens and their
    family members residing in the territory of the host EU country enjoy equal treatment
    with the nationals of that EU country within the scope of the Treaty.


- 30 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#28  PostPosted: 30 Dec 2011 06:46 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
    What benefits does this bring?

    Thanks to the principle of equal treatment you are entitled to most advantages and
    benefits (including notably all the social and tax advantages) that are granted by the host
    EU country to its own nationals. For example:

    Subsidised travel fare

    If the host EU country provides subsidised travel passes, e.g. for its pensioners or big
    families, then you are entitled to them as well if you meet the conditions.

    Registration and tuition fees

    You are entitled to have access to education under the very same conditions as nationals
    (e.g. no registration or tuition fees if nationals do not have them, no numerical quotas for EU
    citizens so EU countries cannot give preferential access to the education system to their own
    nationals).

    Social assistance

    You are entitled to receive social assistance on the same grounds as nationals in the host
    EU country.

    Does the host EU country provide for an extra benefit for low-income families to
    support their housing costs? If yes, you are entitled to apply for such benefit and you will
    be treated just as any national of that State.

    Exception – access to social assistance during first three months

    An important exception is that EU countries may decide that they will not confer
    entitlement to social assistance during the first three months of residence to you and
    your family members (and for an even longer period for job-seekers) but only if you are not
    a worker or self-employed person.

    Exception – maintenance aid for students

    EU countries may also decide not to grant maintenance aid for studies (e.g. student
    grants or student loans) to persons other than workers, self-employed persons, those who
    retain such status and members of their families. However, you must be granted the aid
    once you acquire the right of permanent residence.

    Access to the labour market

    Your family members, irrespective of their nationality, are entitled to take up
    employment or self-employment in the host EU country. It does not matter whether you
    work, study or just reside there, your family members can start their economic activity with
    the same paperwork as nationals.


    Where can I find more?

    You can find the precise legal wording on the matter covered in this section in Articles 23
    and 24 of the Directive
    .


- 31 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#29  PostPosted: 30 Dec 2011 06:49 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
Image


    On what grounds can EU countries restrict freedom of movement
    and residence?


    Public policy, public security and public health grounds

    EU countries may impose restrictions where this is justi ed on grounds of public
    policy, public security or public health.

    Any such restrictions, such as a denial of entry, a refusal of residence or an expulsion
    measure, must comply with the terms and conditions laid down in the Directive.


    Safeguards

    There are significant safeguards provided by the Directive to make sure that such
    restrictions are exercised correctly by EU countries.



- 32 -

_________________
.
Image


 Profile  
 
 Post subject: Re: European Union Freedom of Movement
Post Number:#30  PostPosted: 30 Dec 2011 06:51 
Offline
Admin
User avatar

Joined: 28 Oct 2008
Last Visit: 15 Jan 2018 11:27
Posts: 3597
Location: Surrey UK
Gender: Male
Status: Married
Her/His Country: Russia
RW_here_since: July 2008
Times_to_FSU: Too many to remember
    Proportionality

    When it comes to public policy and public security, measures taken on these grounds must
    be:

    • proportionate (expulsion is a very considerable interference in a person's life and must
      be proportionate to the seriousness of the breach of public policy or public security); and


    • based exclusively on the personal conduct of the individual concerned which
      must represent a genuine, present and sufficiently serious threat affecting one of
      the fundamental interests of society.


    Further safeguards

    Previous criminal convictions in themselves do not constitute grounds for restricting the
    right to move and reside freely. The restrictive measures also cannot rely on considerations
    of general prevention.
    EU countries are entitled to consult your previous police record but cannot require you to
    produce such a document or a certificate of good conduct.


    Factors taken into account

    Before taking an expulsion decision on grounds of public policy or public security, the
    host EU country must take account of considerations such as:

    • how long the person concerned has resided on its territory;
    • his/her age, state of health, and family and economic situation;
    • his/her social and cultural integration into the host EU country; and
    • the extent of his/her links with the country of origin.


    Increased protection for permanent residents and minors

    EU citizens and their family members who have the right of permanent residence enjoy
    increased protection against expulsion as they can be expelled only on serious grounds
    of public policy or public security.
    When it comes to those EU citizens who have resided in the host EU country for the
    previous 10 years or are minors [i.e. under the age of 18], the expulsion can be justified
    only on imperative grounds of public security (in the case of minors a removal may also be
    justified when it is necessary for the best interests of the child)
    .


    Public health

    When it comes to public health, only the most serious infectious diseases can justify
    measures restricting freedom of movement. Where there are serious indications that it is
    necessary, you may, within three months of the date of arrival, be required to undergo a
    medical examination, free of charge.
    In any case, diseases occurring after a three-month period from the date of arrival do not
    constitute grounds for expulsion.


- 33 -

_________________
.
Image


 Profile  
 
Display posts from previous:  Sort by  
Post new topic This topic is locked, you cannot edit posts or make further replies.  [ 34 posts ]  Go to page Previous  1, 2, 3, 4  Next

All times are UTC


Who is online

Registered users: Bing [Bot], Google [Bot], Yahoo [Bot]


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
cron
Powered by phpBB