Art 45 TFEU sets out the rights of free movement of workers
Art 7 Directive 2004/38/EC permits the worker to exercise a right of residence for more than three months;
Art 45 itself refers to the right of a worker to ;
a) accept offers of employment actually made;
b) move freely within the Member states for the purpose of taking employment
c) remain in the Member state after having been employed subject to any restrictions drawn up by the European Commission.
Art 7 Directive 2004/38/EC then states that a person can stay on as a worker after having been employed if he is;
a) temporarily unable to work as a result of illness or accident
b) in recorded involuntary unemployment after having been employed for more than one year and is registered as a job seeker with the employment office; In this case the person remains a worker for no more than six months.
c) embarking on a vocational training course.
On production of evidence of employment, these persons must be issued with a registration certificate as confirmation that they have the right of residence. Residence documents must be valid for at least five years and are automatically renewable provided that the person still qualifies as a worker as defined by Art 45 TFEU.
Author: Richard Mc Kee BSc Barrister Immigration Law (CLS)