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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