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Citizens of the European Economic Area (which covers the 25 countries of the European Union, plus Iceland, Norway and Liechtenstein) are given generous rights to live and work in EEA states other than their own. The general rule is that all these citizens can pursue an activity as a ‘worker' in another EEA state. Please note that there are currently restrictions in place for nationals of eight of the ten new EU countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia). For further details please ask for our information note on Accession Country Nationals. A great many EEA citizens exercise this right, and the number is growing all the time. Significantly, where this right is being exercised, the EEA citizen ‘worker' is entitled to install some of his ‘family members' with him irrespective of their nationality (for a list of these ‘family members', see below). This means, for example, that a French citizen can come to the United Kingdom to work and install his Gambian wife with him. This right to install ‘family members' is only available under European law where the EEA citizen has moved to another EEA state. The word ‘worker' is interpreted very broadly by the European Court of Justice (ECJ); in fact it is a concept to be interpreted by reference to the decisions of this court, rather than by reference to domestic rules or definitions. The ECJ has interpreted ‘worker' very broadly so as to give the fullest possible effect to the right of free movement. There is no need to work-full time to be a ‘worker'. Nor is there any minimum level of income that must be earned. The main requirement is to be carrying out genuine and effective economic activity. In the case of Antonissen the ECJ said that EEA citizens who were unemployed but looking for work in another EEA state could be considered as workers for a period of time, and could not be expelled from that country in the meantime. As a guide, three months would appear to be the length of time allowed. In some circumstances, the full status of ‘worker' can be retained where work is given up to pursue a course of studies. European law allows states a limited discretion to reserve some jobs for nationals of that state. It is also legitimate in some instances for a language requirement to be imposed as a condition for taking up certain posts. The ‘family members' referred to above are:
Relevant legal provisions
Moving
around the European Union Providing
services in the European Union Buying
Goods and Trading in the European Union Living
in another European Union country Getting
your qualifications recognised in another European Union country |
Moving around the European Union