Case law re: 3 month entry without proof of exercising EUTR

[chaoclive]

Hi there

A really quick question.

Can anyone provide the name of the Case and it's relevant judgement that says that an EU citizen moving to another state (e.g. British moving to Germany) does not need to prove that he/she is a 'qualified person' under the Directive on Free Movement for the first three month of their stay in that other member state?

I know I have seen this ruling somewhere before, but can't for the life of me put my hand on it when I need it.

A friend of mine is currently in battle with the German Embassy in Beijing (over this particular point) and neither of us have been able to find this judgement online!

Thanks so much for any help in advance.

C

[vinny]

It's explicit:

CHAPTER III Right of residence

Article 6

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.

[chaoclive]

I see!

But I still remember there was a judgement about this. Perhaps it was in relation to Surinder Singh in the UK? About not having to prove that you are exercising treaty rights on the return back to the UK after a period of employment in another member state.

The German Embassy in Beijing is refusing to recognise that my friend is planning to work in Germany (They said that he will definitely stay for longer than 3 months - which is definitely not going to be the case if he can't find work!).

Thanks for your help
Cj

[EUsmileWEallsmile]

What nationalities are involved? If an non-German EU citizen is involved, the embassy should be concerning itself with issuing an entry visa.

There is a whole handbook of guidance on this that can be referred to.

[chaoclive]

It's another British citizen and his Chinese wife.

I never expected the German Embassy to be like this

Clive

[EUsmileWEallsmile]

They ought not to be like this. If they persist, ask for someone in authority. Keep going up the chain until you get someone who knows what they are talking about.

Basically, a visa must be granted if someone can demonstrate that they qualify under the terms of the directive. Residence cards would be applied for in-country (ie Germany). The embassy has no business worrying about that.

[EUsmileWEallsmile]

But I still remember there was a judgement about this.

There was a judgement against Spain, who denied entry to third country family members who had a "hit" in SIS.