Exercising Treaty Rights
Vs
EU Directive 2004/38/EC
Permanent Residence no subject to any conditions
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The Immigration (European Economic Area) Regulations 2006:
http://www.opsi.gov.uk/si/si2006/20061003.htm
THE IMMIGRATION (EUROPEAN ECONOMIC AREA) REGULATIONS 2006
CHAPTER IV – RIGHT OF PERMANENT RESIDENCE
Regulation 15(1)(a):
15. —(1) The following persons shall acquire the right to reside in the United Kingdom permanently—
(a) an EEA national who has resided in the United Kingdom in accordance with these Regulations for a continuous period of five years;
http://www.2-3graysinnsquare.co.uk/pdf/ ... t_2006.pdf
those EEA nationals who have resided in the UK for a continuous period of five years (I(EEA) Regs reg 15(1)(a)). However, this residence must have been in accordance with the EEA regulations, either the old (Immigration (European Economic Area) Regulations 2000 SI No 2326) or the new ones. An EEA national’s mere presence in the UK, without a right to reside, will not give rise to a permanent right to do so.
http://www.official-documents.co.uk/doc ... 3/1053.pdf
(a) the introduction of a permanent right of residence in a host Member State, which generally applies after 5 years residence in that Member State by an individual, provided that during this period s/he has been exercising a Treaty right (i.e. employment, self-employment,studying or self-sufficiency).
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VS
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EU Directive 2004/38/EC
D. Right of permanent residence
Article 16 (1):
“Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III [i.e., Articles 6–15, among these the existence of sufficient resources and comprehensive sickness insurance cover].”
"Residence is not conditional on any other condition than having been in that country."
http://www.openeurope.org.uk/research/freemovement.pdf
• This right is not linked to having worked in the UK at all and therefore the right of permanent residence is acquired by virtue of not being expelled within five years. The Government expressed concern about this, telling the European Scrutiny Committee that, “we have concerns that the current wording … would allow EU nationals and their family members to gain permanent residence even if they had not met the conditions of Chapter III
[Right of Residence] for four years by working, studying, or being selfsufficient.”• The Government promised that, "The UK delegation will push to ensure that the text is changed so that only those EU nationals and family members who met the conditions of Chapter III would be entitled to permanent residence."9 Unfortunately the Government did not succeed in getting these changes made
Article 21
Continuity of residence
For the purposes of this Directive, continuity of residence may be attested by any means of proof in use in the host Member State. Continuity of residence is broken by any expulsion decision duly enforced against the person concerned.
http://europa.eu/scadplus/leg/en/lvb/l33152.htm
"Union citizens acquire the right of permanent residence in the host Member State after a five-year period of uninterrupted legal residence, provided that an expulsion decision has not been enforced against them. This right of permanent residence is no longer subject to any conditions"
http://www.blackwell-synergy.com/doi/pd ... ookieSet=1
"First, the Directive abolishes the sector-by-sector or piecemeal approach to free movement rights"
http://www.cesifo.de/link/_special/spec ... b-2004.htm
http://www.cesifo-group.de/link/special ... 2004-e.pdf
D. Right of permanent residence
Article 16 (1):
“Union citizens who have resided legally for a continuous period of five years in the host Member State shall have the right of permanent residence there. This right shall not be subject to the conditions provided for in Chapter III [i.e., Articles 6–15, among these the existence of sufficient resources and comprehensive sickness insurance cover].”
After five years, a right of permanent residence is also given to persons who are not employed. It is granted without any further conditions, even if these individuals do not have sufficient resources or comprehensive sickness insurance cover."
http://eur-lex.europa.eu/LexUriServ/sit ... 770123.pdf
Article 21
Continuity of residence
For the purposes of this Directive, continuity of residence may be attested by any means of proof in use in the host Member State. Continuity of residence is broken by any expulsion decision duly enforced against the person concerned.
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"acquis communautaire", ---> "if someone wants to join a club he or she should accept the club rules"It is of course an open question as to whether British public opinion will some day demand unilateral abrogation of EU laws on this subject (among others) irrespective of consequences for EU membership.
Enjoy!!!