Multiple 3-month stays in one Member State with freedom of movement

Multiple 3-month stays in one Member State with freedom of movement - Granite statue of civil rights movement leader against overcast sky

EU laws state that EU citizens have the right to reside (ie. travel) in other member states without restrictions for up to three months.

Article 6 of Directive 2004/38/EC states:

Union citizens shall have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport.

The wording of the directive seems to suggest that this right applies every time you enter another member state. Rules on what this three month period relates to do not appear to exist.

If I stay in one member state for three months, can I leave for a period of time (let's say one month) and then re-enter and have the right to stay another month (or three months if needed)?

The main residence in the home country continues to exist and the subject is not relocating.

More thoughts on this:

  • The concept of continuous residence does not seem to exist in the context of this 3 month period.
  • The right of entry is of course not affected and always exists
  • In Italy you are deemed to have exceeded the 3 month period if you did not register your presence and cannot prove otherwise
  • EU law is usually very straight forward. It usually is what it says.

Examples:

  • long-term travel
  • holiday homes
  • visiting relatives
  • climate tourism (north-south for summer and winter)

Notes:

  • The word "residence" is frequently used in tax laws which do not have any effect on EU freedom of movement
  • The consequences of exceeding the three month period obviously matter. What exactly they are is not directly related, however.


Best Answer

Can I leave for a period of time (let's say one month) and then have the right to re-enter and stay another month (or three months if needed)?

Basically, the answer is yes. As you may be aware, this is controlled by Directive 2004/38/EC

There's not a whole lot of clarity about this because it's simply not enforced very regularly. In fact, an EU citizen can stay indefinitely in another state subject only to very limited conditions. Among these conditions, the host country can impose a requirement that the EU citizen register. But any penalty for failing to register must be "proportional" to penalties for a country's own citizens failing to register. (This is why the UK does not, strictly speaking, require registration.)

(I assume that the exceptions concerning public safety, public health, and public policy are not in play.)

Accordingly, there's not much reason to go about hunting down people who've failed to register and have been present for more than three months. The benefits simply do not justify the costs. Furthermore, such an enforcement effort would be critically difficult, since the EU does not stamp the passports of EU citizens. It would not be easy to establish the person's whereabouts and the actual duration of their stay. On the other hand, someone who had crossed the border from one country to another, theoretically resetting the three-month period, might have trouble presenting evidence of that fact as well.

Consider someone who is informed by a country's authorities that they've fallen afoul of the registration requirement. Such a person is likely to register, or maybe just leave. Or maybe the authorities would accept the person's assertion of having left and returned, in which case they might enforce a later registration deadline. Regardless, for both parties, going to court would not be worthwhile. So there is no judicial precedent (as far as I'm aware) to help arrive at an answer.

Someone who has been present in an EU country other than their own for less than three months is not subject to the registration requirement, so your question could be rephrased thus:

After staying in an EU country under freedom of movement for three months, what is necessary to reset the three-month period?

The answer probably depends on several factors, and, more importantly, a specific analysis of each case. Consider someone who moves all their things to a home in the country, lives in that home, and then goes away for one month. After the person returns, there is a reasonable argument to be made that the person has exceeded the three-month right of residence. But someone who travels around the country with a backpack for three months could reasonably argue that they are resetting the period with an absence of just a day or two. Furthermore, different EU countries will regard this question differently (remember, the UK doesn't even require registration), so the answer also depends on the country in question.

The foregoing assumes that the person is self sufficient, therefore falling under point 1(b) of Article 7. If that is the case, then the person cannot be expelled from the country nor denied entry. If it is not the case, however, then the person can be expelled from the country. Whether they can subsequently be denied seems to be a matter of dispute. The linked article says that the directive is quite clear that they cannot, yet two governments are trying to create such a possibility (see also Rough sleeping is not an abuse of EU free movement rights).

If someone who was not self-sufficient repeatedly entered a country and became a nuisance, a ban for "abuse of rights" (Article 35) might be imposed. But a second entry, a month after an initial three-month stay, would be very unlikely to rise to that level.




Pictures about "Multiple 3-month stays in one Member State with freedom of movement"

Multiple 3-month stays in one Member State with freedom of movement - Top view of composition of blackboard with written phrase STOP KILLING US under mask against black background
Multiple 3-month stays in one Member State with freedom of movement - Black chalkboard with inscription on black background
Multiple 3-month stays in one Member State with freedom of movement - Blackboard with YOUR LIFE MATTERS inscription on black background



What are the rights of EU citizens regarding their movement from one member state MS to another?

EU Citizens and their family members have the right to move to and reside in another EU Member State for up to three months. However, economically inactive EU citizens may not become an unreasonable burden on the social assistance system of the host MS (Article 14(1) Dir. 2003/48).

Can the Member States limit or restrict free movement of persons and under which conditions?

Restrictions on freedom of movement A member state can restrict free movement on the grounds of: Public policy. Public security. Public health.

What are the EU rules on free movement?

As EU citizens, all nationals of the Member States of the European Union have the right to move freely within the European Union and to enter and reside in any EU Member State. This right to freedom of movement is guaranteed by Article 21 of the Treaty on the Functioning of the EU (TFEU).

How long can an EU citizen stay in another EU country?

As an EU citizen, you have the right to move to any EU country to live, work, study, look for a job or retire. You can stay in another EU country for up to 3 months without registering there but you may need to report your presence. The only requirement is to hold a valid national identity card or passport.



Life is easy. Why do we make it so hard? | Jon Jandai | TEDxDoiSuthep




Sources: Stack Exchange - This article follows the attribution requirements of Stack Exchange and is licensed under CC BY-SA 3.0.

Images: Gotta Be Worth It, Brett Sayles, Brett Sayles, Brett Sayles