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Right of residence for employees who have ceased their occupational activity
This Directive should remove obstacles to the free movement of persons and extend the right of residence enjoyed by all employed or self-employed persons to the non-active part of their working life.
Council Directive 90/365/EEC of 28 June 1990 on the right of residence for employees and self-employed persons who have ceased their occupational activity.
Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC.
Member States will grant the right of residence to nationals of Member States who have pursued in the Community an activity as an employee or self-employed person provided that they are the recipients:
- of an invalidity or early retirement pension or old-age benefits, or
- a pension in respect of an industrial accident or disease,
and provided that they are covered by sickness insurance or have sufficient resources to avoid becoming a burden on the social security system of the host Member State during their period of residence. The right of residence will also be granted to members of their family (spouse, dependent descendants and dependent relatives in the ascending line of the nationals concerned or their spouse).
Member States will issue a residence permit, the validity of which may be limited to five years on a renewable basis. However, they may, if they deem it to be necessary, require revalidation of the permit at the end of the first two years of residence. Furthermore, the right of residence continues for as long as the beneficiaries of that right fulfil the conditions set out in paragraph 1. Where a member of the family does not hold the nationality of a Member State, he or she will be issued with a residence document of the same validity as that issued to the national on whom he or she depends. For the purposes of issuing the residence permit or document, the Member State may require only that the applicant present a valid identity card or passport and provide proof that he or she meets the conditions laid down.
The spouse and the dependent children of a national of a Member State entitled to the right of residence may take up any employed or self-employed activity anywhere within the territory of the Member State, even if they are not nationals of a Member State.
Member States may not derogate from the provisions of this Directive save on grounds of public policy, public security or public health.
Not more than three years following the entry into force of the Directive, and then every three years, the Commission will draw up a report on the implementation of the Directive and present it to the Council and the European Parliament.
|Act||Entry into force - Date of expiry||Deadline for transposition in the Member States||Official Journal|
|Directive 90/365/EEC||-||30.6.1992||OJ L 180 of 13.7.1990|