Clarification needed - Non-EU spouse joining EU citizen

[DBCooper]

Hello,

My understanding up until now is that as an EU citizen, if I were to exercise my treaty rights by working, seeking work or studying in an EEA country aside from my country of nationality, my non-EU spouse would be able to join me and similarly work or study.

Looking at the 2004/38/EC directive, though, chapter three article six states the following;

"Right of residence for up to three months

1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.

2. The provisions of paragraph 1 shall also apply to family members in possession of a valid
passport who are not nationals of a Member State, accompanying or joining the Union citizen."

This suggests that if I were to move to an EEA country, my non-EU spouse would immediately have the right to join me without me having to trigger one of the mentioned conditions required to be resident for longer than 3 months.

Is this correct?

Many thanks

[sheraz7]

On arriving in an EEA member state an EU national has initial right of residence till 3 months means he/she does not require to exercise its treaty rights. But if the non-eu partner is a visa national of that EU member country then he/she need to apply EEA family permit for which the required documents need including the treaty rights evidences of its EU national partner living in that member state only if EU national partner is living there for more than 3 months.