飞出国： 所谓欧盟永居，即欧盟长居身份（long-term resident of EU），是通过在某欧盟国家合法居留满五年（读书除外）获得的。具体要求是在这5年之内，离开欧盟累计不超过10个月，并且某一次离开欧盟累计不超过6个月。依据以下法案规定，持有任何欧盟国家签发的该欧盟长久居民身份，有权利到其他欧盟国家自由定居、工作、经商和学习。（https://eur-lex.europa.eu/legal-content/en/ALL/?uri=celex%3A32003L0109）。
CHAPTER III RESIDENCE IN THE OTHER MEMBER STATES
A long-term resident shall acquire the right to reside in the territory of Member States other than the one which granted him/her the long-term residence status, for a period exceeding three months, provided that the conditions set out in this chapter are met.
A long-term resident may reside in a second Member State on the following grounds:
(a) exercise of an economic activity in an employed or self-employed capacity;
(b) pursuit of studies or vocational training;
© other purposes.
Conditions for residence in a second Member State
- As soon as possible and no later than three months after entering the territory of the second Member State, the long-term resident shall apply to the competent authorities of that Member State for a residence permit.
Member States may accept that the long-term resident submits the application for a residence permit to the competent authorities of the second Member State while still residing in the territory of the first Member State.
- Member States may require the persons concerned to provide evidence that they have:
(a) stable and regular resources which are sufficient to maintain themselves and the members of their families, without recourse to the social assistance of the Member State concerned. For each of the categories referred to in Article 14(2), Member States shall evaluate these resources by reference to their nature and regularity and may take into account the level of minimum wages and pensions;
(b) sickness insurance covering all risks in the second Member State normally covered for its own nationals in the Member State concerned.
- Member States may require third-country nationals to comply with integration measures, in accordance with national law.
This condition shall not apply where the third-country nationals concerned have been required to comply with integration conditions in order to be granted long-term resident status, in accordance with the provisions of Article 5(2).
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses.
- The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meets the relevant conditions, as well as by their long-term resident permit and a valid travel document or their certified copies.
The evidence referred to in the first subparagraph may also include documentation with regard to appropriate accommodation.
(a) in case of exercise of an economic activity the second Member State may require the persons concerned to provide evidence:
(i) if they are in an employed capacity, that they have an employment contract, a statement by the employer that they are hired or a proposal for an employment contract, under the conditions provided for by national legislation. Member States shall determine which of the said forms of evidence is required;
(ii) if they are in a self-employed capacity, that they have the appropriate funds which are needed, in accordance with national law, to exercise an economic activity in such capacity, presenting the necessary documents and permits;
(b) in case of study or vocational training the second Member State may require the persons concerned to provide evidence of enrolment in an accredited establishment in order to pursue studies or vocational training.
EU freedom of movement and residence
WHAT IS THE AIM OF THE DIRECTIVE?
- brings together into a single legal act many existing pieces of legislation
- lays down the conditions for the right of free movement and residence (both temporary and permanent) for EU citizens* and their family members*
- sets out the limits to those rights on grounds of public policy, public security or public health
- clarifies the status of people who are employed, self-employed, students or not working for payment.
EU citizens with a valid identity card or passport may:
- Enter another EU country without requiring an exit or entry visa. Family members who are not nationals of a EU country are not required either an exit or entry visa if they possess a valid residence card.
- Live in another EU country for up to 3 months without any conditions or formalities.
- Live in another EU country for longer than 3 months subject to certain conditions, depending on their status in the host country. Those who are employed or self-employed do not need to meet any other conditions. Students and other people not working for payment, such as those in retirement, must have sufficient resources for themselves and their family, so as not to be a burden on the host country’s social assistance system, and comprehensive sickness insurance cover.
- Have to register with the relevant authorities if living in the country longer than 3 months. Their family members, if not EU nationals, are required a residence card valid for 5 years.
- Be entitled to permanent residence if they have lived legally in another EU country for a continuous period of 5 years. This also applies to family members.
- Have the right to be treated on an equal footing with nationals of the host country. However, host authorities are not obliged to grant benefits to EU citizens not working for payment during the first 3 months of their stay.
- Family members – who are next of kin to the EU citizen – may, under certain conditions have the right to continue to live in the country concerned even if the next of kin themselves dies or leaves the country.
- EU citizens, or family members, may be expelled if they behave in a way that seriously threatens one of society’s fundamental interests.
- The only diseases which justify restricting a person’s freedom of movement are those which the World Health Organization considers to have epidemic potential.
FROM WHEN DOES THE DIRECTIVE APPLY?
It has applied since 30 April 2004 and had to become law in the EU countries by 30 April 2006.
For more information, see:
- Freedom of movement and of residence (European Commission)
EU citizen: anyone having the nationality of an EU country.
Family member: this covers, for instance, the spouse, a partner in a registered partnership with an EU citizen and direct descendants under the age of 21.
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC (OJ L 158, 30.4.2004, pp. 77–123). Text republished in corrigendum (OJ L 229, 29.6.2004, pp. 35-48)
Successive amendments to Directive 2004/38/EC have been incorporated into the original document. This consolidated version is of documentary value only.
Directive 2014/54/EU of the European Parliament and of the Council of 16 April 2014 on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers (OJ L 128, 30.4.2014, pp. 8-14)
Communication from the Commission to the European Parliament and the Council on guidance for better transposition and application of Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (COM(2009) 313 final of 2 July 2009)
Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions — Free movement of EU citizens and their families: Five actions to make a difference (COM (2013) 837 final of 25 November 2013)
Communication from the Commission to the European Parliament and the Council — Helping national authorities fight abuses of the right to free movement: Handbook on addressing the issue of alleged marriages of convenience between EU citizens and non-EU nationals in the context of EU law on free movement of EU citizens (COM(2014) 604 final of 26 September 2014)