Commission Notice - Guidance on the right of free movement of EU citizens and their families

This Guidance covers the right of free movement of EU citizens and their families under EU law. It aims at providing updated guidance for all interested parties, and at supporting the work of national authorities, courts and legal practitioners. It builds on and replaces the 2009 Guidance on better transposition and application of Directive 2004/38/EC (Free Movement Directive). This Guidance focuses primarily on the application of the Free Movement Directive. It also offers guidance on specific applications of Articles 20 (EU citizenship) and 21 TFEU (free movement of persons) – i.e. cases where the Directive applies by analogy and the Ruiz Zambrano case-law. This Guidance integrates the relevant case law of the Court of Justice of the EU delivered since 2009, including the Court’s interpretation of the free movement acquis and aims to provide for the necessary clarifications on specific issues that have been identified when applying the acquis. Topics covered include: the beneficiaries of the Free Movement Directive; the right of entry; the right of residence of up to three months for EU citizens and their non-EU family members; the right of residence of more than three months for EU citizens and their non- EU family members; the right of residence of job seekers; the retention of the right of residence for family members; permanent residence of EU citizens and their non-EU family members; equal treatment; residence documents; restrictions on grounds of public policy, public security and public health; restrictions on grounds other than public policy, public security or public health; procedural safeguards; fraud and abuse; right of residence of the family members of returning nationals; the Ruiz Zambrano case-law. This Guidance is intended purely as a guidance document – only the text of the EU legislation itself, as interpreted by the Court, has legal force.