fysicus wrote:and to those who still think free movement rights are gone:
In the Brussels agreement last week (18 february) there is no amendment of the Lisbon treaty, and no amendment of directive 2004/38.
There are very different signals flying around. In the Conclusions
of the European Council meeting (18 and 19 February 2016), on p21 of Section D: Social Benefits and Free Movement it says, with my emphasis:
In accordance with Union law, Member States are able to take action to prevent abuse of rights or fraud, such as the presentation of forged documents, and address cases of contracting or maintaining marriages of convenience with third country nationals for the purpose of making use of free movement as a route for regularising unlawful stay in a Member State or address cases of making use of free movement as a route for bypassing national immigration rules applying to third country nationals.
That's rather frightening, as the whole intention of the directive is to bypass national immigration rules, at least when moving between EU countries.
The specific threat within the Conclusions
is on p35 in Annex VII Declaration of the European Commission on issues related to the abuse of the right of free movement of persons
The Commission intends to adopt a proposal to complement Directive 2004/38 on free movement of Union citizens in order to exclude, from the scope of free movement rights, third country nationals who had no prior lawful residence in a Member State before marrying a Union citizen or who marry a Union citizen only after the Union citizen has established residence in the host Member State.
However, there is a relatively reassuring written parliamentary answer
date 8 February:
Lord Green of Deddington wrote:To ask Her Majesty’s Government whether an EEA national residing in the UK who wished to bring a non-EU spouse into the country would, under the draft Decision by the European Council published on 2 February, have to meet the requirements for salary, and the spouse the conditions for language, as are required of a British citizen and set out under part 8 of the UK Immigration Rules.
Lord Bates wrote:This is still a matter for negotiation. The European Commission has proposed bringing forward a legislative proposal to reverse the Metock judgment and prevent non-EU nationals from acquiring free movement rights simply by marrying an EU national. Instead, they will be subject to the domestic immigration controls of the first Member State they enter. In the UK, this means that they will need to meet language and income requirements.
Note the use of the word first
. While this will make the EEA route more difficult for those using real jobs, it will preserve free movement within
the EEA. It remains to be seen which countries will raise their immigration requirements. It's also possible that Lord Bates has no real idea of what is planned.
On the basis of Lord Bates' answer, Ryuzaki, Nemerkh and I will be fine for moves to a second EEA country.