EU citizens—rights of entry and residence

The following EU Law practice note provides comprehensive and up to date legal information covering:

  • EU citizens—rights of entry and residence
  • Rights of entry
  • 'Initial' right of residence for three months
  • 'Extended' right of residence for more than three months
  • Permanent residence and other rights of residence
  • Dual nationals

EU citizens—rights of entry and residence

This Practice Note summarises the rights of entry and residence of European Union citizens (EU) citizens under EU free movement law.

Note that throughout the term 'EU citizens' refers to nationals of the countries in the EU. Nationals of the European Economic Area (Norway, Iceland and Lichtenstein) also benefit from EU free movement law, under Directive 2004/38. Accordingly, where EU citizens are referred to in this Practice Note, they also include EEA nationals.

It is important to be aware that entry and residence on this basis is by right (under the Treaty on the Functioning of the European Union (TFEU)), and EU citizens (and non-EU nationals) who meet the conditions for an EU right of residence (under secondary legislation, Directive 2004/38) are not required to obtain leave to enter or remain in the host Member State.

Rights of entry

Under Directive 2004/38 (Citizens' Directive), EU citizens are able to enter the host Member State on production of a valid passport or national identity card, unless one of the grounds of exclusion permitted under EU law applies. See Practice Note: EU citizens—Rrestrictions on their right, exclusion and expulsion.

'Initial' right of residence for three months

EU citizens have an initial right of residence for three months, again on the sole requirement of holding a valid passport or national identity card. The right will cease on them

Popular documents