Examples of Directive 2004/38 in a sentence
These rights derive from the EU Treaties, EU secondary legislation (in particular Directive 2004/38), and the case law of the European Court of Justice.
The rights of the right holders set out in paragraph 1, and the derived rights of their family members, should be protected for life, provided that conditions of Union law are met [for example, where the right holder dies, in the event of divorce or if the right holder leaves the host State before the divorce, the family member will continue to have derived rights under the conditions set out in Directive 2004/38].
Secondary EU LegislationUnder the EU Directive on rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Directive 2004/38), after an initial period of three months, during which there is a (virtually) unqualified right to enter and reside, between three months and five years the individual needs to qualify as a worker, self-employed person, service provider or recipient, student, pensioner or self- sufficient person.
Similarly, if the third-country national spouse has custody of the children, has been the victim of domestic violence or has a right of access to minor children, there is a retained right of residence (Article 13, Directive 2004/38).
For the purposes of this Schedule, a reference to a “Member State” or “State” in Article 7 of Directive 2004/38 is to be read as including the United Kingdom.
In the event of marriage breakdown, so long as the marriage has lasted three years with at least one year in the host Member State, the third-country national retains a right of residence, though he or she must be self-sufficient until he or she acquires permanent residence (Article 13, Directive 2004/38).
For the purposes of this paragraph, a person had the right of permanent residence if they had a right which arose under Directive 2004/38 to reside permanently in the United Kingdom without restriction.
This means that frontier workers are entitled to access benefits in the same manner as EEA workers subject to the Citizens Directive 2004/38 currently do.
The right only lasts until the children complete their studies (Article 12(3), Directive 2004/38).
After five years residence, the individual acquires a right of permanent residence (Article 16, Directive 2004/38).