Personal Mobility: Directive 2004/38

[Flash Card 1 of 2]

Article 2: family members

• Article 2(1): union citizen / nationality Member State / Article 20 TFEU
• Article 2(2): (a) spouse / (b) registered partnership / (c) direct descendants u21 or dependants / (d) dependant ascending line

Article 3: other beneficiaries

• Article 3(2): facilitate entry & residence / (a) other family members dependents of EU citizen or member of household or serious health grounds / (b) partner in durable relationship

Ex partners

• non EU / ex-wife / custody children u19 & in education / family member (Baumbast)
• separated spouse / still family member / not have to live permanently with EU citizen (Diatta)

Unmarried

• Article 2(2) cannot cover unmarried couples / may have Article 7(2) rights / depends on national law of host State (Netherlands v Reed)
• Article 3(2)(b) partners / a durable relationship, duly attested

Article 5: right of entry

• Article 5(1): EU citizen entry / valid passport or identity card / non EU family valid passport
• Article 5(2): non EU members / free entry visa or valid residence visa
• Article 5(4): not got appropriate travel documents / every reasonable opportunity to prove
• Article 5(5): require person to report reasonable non-discriminatory time / proportionate sanctions

bits of law

Personal Mobility: Directive 2004/38

[Flash Card 2 of 2]

Article 6: initial right of residence

• Article 6: 3 months right of residence / EU citizens & family members

Article 7: right residence more than 3 months

• Article 7(1)(a): worker or self employed
• Article 7(1)(b): sufficient resources not to be burden / & comprehensive sickness cover
• Article 7(1)(c): studying / sufficient resources not to be burden / & comprehensive sickness cover
• Article 7(1)(d): family members accompanying EU citizen
• Article 7(2): non EU national family members

Article 13: retention right reside

• Article 13(1): EU citizens / divorce or termination partnership / not affect rights of EU citizen family members
• Article 13(2): not affect rights of non-EU citizen family members if: (a) lasted 3 yrs including 1 in host state / (b) non-national spouse or partner has custody EU citizen children / (c) particularly difficult circumstances (domestic abuse)

Article 16: right permanent residence

• Article 16(1): EU citizens / 5yrs / unconditional
• Article 16(2): non EU citizen family members / 5yrs / unconditional

Further rights

• Article 23: EU citizens & families / take up employment / without discrimination
• Article 24: equal treatment union citizens / & family with right to reside / not based on worker status / no benefits first 3 months / no student loan before permanent residence granted

bits of law