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31 May 2007 / Chrisoulla Pawlowska
Issue: 7275 / Categories: Features , Immigration & asylum
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Partners moving freely

Chrisoulla Pawlowska considers the rights of free movement and residence for the partner of an EU citizen

Directive 2004/38/EC (the Directive)—the EU’s updating and consolidating legislation on the rights of free movement for EU citizens and their families—became law in May 2006.

Art 5 of the preamble and Art 3 of the Directive make citizenship of the EU the starting point for any right of movement to another member state.
That right is generally unconditional for the first three months (Art 6) but if a migrant EU citizen wishes to extend his stay beyond three months, he must become “economically viable” within one of the four categories listed in Art 7. These include becoming self-employed, a worker, a qualifying student or person of sufficient resources or being a family member of an EU citizen who qualifies within one of these groups. He may apply for permanent residence after residing legally in the host state for a continuous period of five years (Art 16).

REGISTERED PARTNERSHIPS

Article 2(2)(b) of the Directive widens the potential range

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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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