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southall solicitors on Lady Margaret road in Southall can advise you as to your rights to free movement. In this article we explain;

A general right to freedom of movement is set out in Art 21 TFEU which states that;

'Every citizen of the union shall have the right to move and reside freely within the territory of the Member states, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give them effect'

Article 6 Directive 2004/38/EC provides generally that all EU citizens;

shall have the right of residence on the territory of another member state for a period of upto 3 months without any condition or any formalities other than the requirement to hold a valid identity or passport.

The rights exist where people are moving from one state to another but if they seek to establish a right of residence for more than three months they must then fall into one of the categories of persons set out in the Directive who are permitted to reside. The categories of those who can have a right of residence for longer than 3 months are contained in Art 7 para 1 Directive 2004/38/EC and are those who;

(a) are workers or self employed persons in the host Member State, or

(b) have sufficient resources for themselves and their family members not to become a burden on the social assistance system of the host Member state during their period of residence and have comprehensive sickness insurance cover in the host Member state, or

(c) are enrolled at a private or public establishment for the principle purpose of following a course of study, including vocational training, and have comprehensive sickness insurance cover in the host Member state; or

(d) are family members accompanying or joining a Union Citizen who satisfies the conditions referred to in paragraph 1(a), (b) or (c).


If individuals do not become an unreasonable burden on the social assistance system of the host member state they should not be expelled. Therefore an expulsion measure should not be the ultimate consequence of recorse to the social assistance system.

Art 21 did not give a right of residence after rights as a worker had expired, but the fact that an individual was unemployed and not actively seeking work and had been required to leave by the secretary of state did not render that person unlawfully resident and outside EU Law.

Author: Richard Mc Kee BSC Barrister (CLS) Immigration Law