Right to reside?

cee_jay

Can I ask about something I read recently regarding EU citizens right to reside in another EU country?
From http://ec.europa.eu/youreurope/citizens/residence/worker-pensioner/rights-conditions/index_en.htm?profile=0 it says:
If you lose your job while living in another country, you can keep your right to work and live there if you are:

* temporarily unable to work because of illness or accident
* registered with the employment office as involuntarily unemployed after having been
o employed for more than 1 year (or less than 1 year if you had a fixed-term contract)
or
o employed for less than 1 year on a permanent contract (in which case, you retain the right to live and seek work for at least another 6 months)
* beginning vocational training (if you are not involuntarily unemployed, the training must be related to your previous job).

Does this mean an EU citizen who was employed for less than a year in one EU country, if they lose their job, can only stay in that country for another 6 months?
Does this mean they have to move back to their home country? I thought there was free movement in the EU and didn't realise this type of clause existed!

cee_jay

Just to clarify even further, in another thread on this forum TalktoEU said:

TalkToEU: John wrote: »

Hi Sirromo,

Once the Member State allows immigration from a new Member State, there is no provision for stopping the immigration of workers thereafter under the Accession Treaties...

Freedom of Movement of people is guaranteed as as right in the EU - in fact, it's one of the four fundamental freedoms that the Union is founded on. Restrictions can be placed on new member states when they first join, but this is on a case-by-case basis, is at the discretion of each EU country and can only be fixed for a limited amount of time. (In Ireland's case we didn't place restrictions on countries that joined in 2004, but did place restrictions on Romania and Bulgaria in 2007). After that initial phase, then restrictions on movement can only be put in place for matters of public policy, like the foot and mouth outbreak that happened here.

In a country like Ireland, where the economy is suffering severely, the expectation is that immigrant workers will move to another State for work or return home. This a evidenced by large numbers of eastern european immigrants now emigrating from Ireland.

In the case of Romania, Bulgaria, and any new member states that join, Ireland may well use it's options to restrict immigration.
For the first two years they can place restrictions based on national policy. Eg:only allow certain types of workers, or have a strict work permit policy. They can then apply a further 3 years of restrictions, and if necessary, they can apply for a further two years of restrictions if they predict that it will cause serious labour market disturbances.

I'm just confused by how this all works! On one hand its saying Freedom of Movement of people is guaranteed as as right in the EU but another place I read you lose your right to reside after a certain period of time?

View

The relevant right is (or at least was) Freedom of Movement for Workers which has been slowly extended over the years to cover retirees, students (for limited periods) etc.

You only gain a "permanent right" of residence in another member state after 5 years - up to then, you essentially accumulate rights as times passes (e.g. 1 year etc).

One of these years, the member states will probably just make it an automatic right of residence and movement but I suspect that could be a few decades away.

Scofflaw

cAr0l wrote: »

Just to clarify even further, in another thread on this forum TalktoEU said:



I'm just confused by how this all works! On one hand its saying Freedom of Movement of people is guaranteed as as right in the EU but another place I read you lose your right to reside after a certain period of time?

As View says, strictly speaking, it's the right of freedom of movement for workers:

Article 45 (ex Article 39 TEC)

1. Freedom of movement for workers shall be secured within the Union.

2. Such freedom of movement shall entail the abolition of any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment.

3. It shall entail the right, subject to limitations justified on grounds of public policy, public security or public health:
(a) to accept offers of employment actually made;
(b) to move freely within the territory of Member States for this purpose;
(c) to stay in a Member State for the purpose of employment in accordance with the provisions governing the employment of nationals of that State laid down by law, regulation or administrative action;
(d) to remain in the territory of a Member State after having been employed in that State, subject to conditions which shall be embodied in regulations to be drawn up by the Commission.

4. The provisions of this Article shall not apply to employment in the public service.

So while you're completely free to move around, and free to reside in another Member State while in employment, outside that the older national rules still apply.

cordially,
Scofflaw