Residence rights of EU citizens

Citizens of the European Union and the European Economic Area have a right of residence deriving directly from Union law. They need no residence permit; registration with the Immigration and Naturalisation Service is merely declaratory.

Legal basis

Directive 2004/38/EC governs free movement and residence and is implemented in the Netherlands in chapter 8 of the Aliens Decree 2000, from Article 8.7 onwards. Residence of up to three months requires no more than a valid identity document. For longer residence the citizen must be a worker or self-employed, have sufficient resources and sickness insurance, or be a student. Article 16 of the Directive confers a permanent right of residence after five years of continuous lawful residence, no longer subject to those conditions. Family members of a Union citizen, including third-country nationals, derive a right of residence; where a Dutch national returns after residing in another Member State, the so-called Europe route applies.

How it works in practice

The practical test lies in worker status: that requires genuine and effective work, and a modest number of hours may suffice as long as the activity is not marginal and ancillary. Someone who becomes involuntarily unemployed after more than a year of work keeps worker status while registered as a jobseeker. Recourse to social assistance may lead to the residence right ending, but not automatically: an individual assessment is required.

Where it goes wrong

Union citizens assume that municipal registration establishes their right of residence; it does not. A second error is failing to keep evidence of work and residence over the full five years, which makes the permanent right hard to prove later. Third, the position of a third-country family member is underestimated, as they need a residence document of their own.