As a consequence of the Eind judgment, an EU national who has exercised his/her right of free movement in another EU/EEA Member State as:
• a worker
• a self-employed person
• a service provider
• a retired worker
• a retired self-employed person
• a retired service provider
is not required to be economically active to obtain family reunification with his/her spouse/registered partner/permanent cohabitant and/or his/her or the spouse's children under 21 years of age upon his/her return to the state of citizenship.
Accordingly, it follows from the Eind judgment
http://eur-lex.europa.eu/LexUriServ/Lex ... 91:EN:HTML that:
"When a worker returns to the Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No. 1612/68 as amended by Regulation No. 2434/92, which applies by analogy, to reside in the Member State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities."
Support of yourself and your family
The condition of support differs depending on the basis of residence of the EU national in the EU/EEA Member State in which the relevant person has exercised his/her right of free movement, and depending on the family members included in the application for family reunification.
An EU national applying for family reunification under EU law after having exercised his/her freedom of movement in another EU/EEA Member State as a worker, self-employed person or service provider (economically active person) or as a retired worker, self-employed person or service provider (retired economically active person) is not required to prove that s/he can support his/her spouse/registered partner/permanent cohabitant and children under 21 years of age and the spouse's children under 21 years of age. This applies regardless of whether the relevant person receives job seekers benefit or social benefit in the home state.
However, an EU national applying for family reunification with family members other than his/her spouse/registered partner/permanent cohabitant or children under 21 years of age or the spouse's/registered partner's/permanent cohabitant's children under 21 years of age after having exercised his/her freedom of movement in another EU/EEA Member State as an economically active or retired economically active person and having returned to his/her home state may be required to prove that s/he is able to maintain those family members.
An EU national applying for family reunification upon his/her return to his/her country of citizenship after having exercised his/her right freedom of movement in another EU/EEA Member State as a student may also be required to declare or prove in another similar way that s/he has sufficient means for him/herself and all his/her family members, including his/her spouse/registered partner/permanent cohabitant and children under 21 years of age and the spouse's/registered partner's/permanent cohabitant's children under 21 years of age.
Moreover, an EU national who has exercised his/her freedom of movement in another EU/EEA Member State as a self-supporting person may be required to prove that s/he has sufficient means for him/herself and all his/her family members, including his/her spouse/registered partner/permanent cohabitant and children under 21 years of age and the spouse's/registered partner's/permanent cohabitant's children under 21 years of age.
