Free Movement of Persons

The European Single Market or Internal Market guarantees four economic freedoms to be enjoyed across the European Union: the free movement of goods, capital, services and labour. The latter freedom introduced us to the free movement of workers and more generally the right to move in any Member State for EU citizens (European Parliament and Council Directive 2004/38/EC of 29 April 2004). There are three levels related to the lengths of the stay: right of entry for a stay under three months, right of stay for a period below five years and the right of permanent residence:

For stays of under three months: the only requirement for Union citizens is that they possess a valid identity document or passport. The host Member State may require the persons concerned to register their presence in the country.
For stays of over three months: EU citizens and their family members — if not working — must have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay. Union citizens do not need residence permits, although Member States may require them to register with the authorities. Family members of Union citizens who are not nationals of a Member State must apply for a residence permit, valid for the duration of their stay or a five-year period.
Right of permanent residence: Union citizens acquire this right after a five-year period of uninterrupted legal residence, provided that an expulsion decision has not been enforced against them. This right is no longer subject to any conditions. The same rule applies to family members who are not nationals of a Member State and who have lived with a Union citizen for five years. The right of permanent residence is lost only in the event of more than two successive years’ absence from the host Member State.
Restrictions on the right of entry and the right of residence: Union citizens or members of their family may be expelled from the host Member State on grounds of public policy, public security or public health. Guarantees are provided to ensure that such decisions are not taken on economic grounds, comply with the proportionality principle and are based on personal conduct, among others.

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