Returning UK Residents - Other Consequences of McCarthy

[EUsmileWEallsmile]

McCarthy
The definition of “EEA national” has been amended in light of the ECJ judgment in McCarthy, which confirmed that the provisions of the Directive are not applicable to an EEA national who has never exercised his right of free movement, who has always resided in a Member State of which he is a national and who is also a national of another Member State.
An EEA national is therefore now defined in amended regulation 2(1) as “a national of an EEA State who is not also a United Kingdom national”.

Surely, it must follow that any British Citizen who moves to another EU State as long as they complied with the conditions of the directive must benefit from the provisions pertaining to returning UK workers (Singh)?

Does this open the door to the economically inactive (students and self-sufficient)?

[Jambo]

Don' t think so. Regulation 9 wasn't changed.

[EUsmileWEallsmile]

I was aware that the regulations hadn't changed. The point was more of a general nature and is hypothetical until tested.

[Directive/2004/38/EC]

EUsmileWEallsmile, Where does your quote come from?

[Ben]

It's a different matter, OP. "Not also a UK national" is not the same as "not a UK national".

[EUsmileWEallsmile]

EUsmileWEallsmile, Where does your quote come from?

http://www.ukba.homeoffice.gov.uk/sitec ... egulations

[EUsmileWEallsmile]

It's a different matter, OP. "Not also a UK national" is not the same as "not a UK national".

I'm not so sure, the directive applies to:

Article 3
Beneficiaries
1. This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.

Granted this is an opinion, but if one cannot rely on EU law if you are a national of a member state in your own member state, surely you can rely on all aspects if one moves to another member state first and comply with the terms of the directive.

If the directive applies, surely it applies when returning.