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Interpretation of EC Treaty | Is this correct?

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suparka
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Joined: Tue Sep 02, 2008 9:10 pm
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Interpretation of EC Treaty | Is this correct?

Post by suparka » Sat Sep 13, 2008 12:04 am

Hi,

I have just finished reading the EC Treaty (movement of EU residents).

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Chapter IV (Right of permanent residence):

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.


2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and
have legally resided with the Union citizen in the host Member State for a continuous period of
five years.

Now, Chapter III sets out the conditions for EU Citizens (worker, self-employed, student, etc...).

Basically, HO should issue a PR to family members without asking for a proof of continuous work.

Is this right?

What do they mean by 'resided legally'? Does this include employment?

Also, something interesting was written at the bottom of the following page (section What you need to know)

The national authorities may not:

ask you to produce any documents other those outlined above, such as to furnish proof of means to support yourself, travel tickets, employment certificate, pay slips, bank statements, proof of accommodation, means of subsistence, medical certificate …


http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html


Am I talking nonsense here?

Any thoughts?

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