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We are working on a new version of the portal that will make it easier for you to find the information you need to exercise your rights in the EU. At present, therefore, the information available in these pages may not be up-to-date. To find out about your rights during this transitory period you can send your question to Europe Direct.

Living in another EU country (European Union)

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European General Guides


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INTRODUCTION

As a citizen of the European Union (EU) you have many rights that you may not be aware of. Did you know, for example, that you can go to another EU country (1) to study, work or retire while enjoying the same rights as nationals of that country?

The EU is publishing this series of guides explaining your rights so that you can make the most of the opportunities available to you. The guides also point out the conditions attached to your rights. The scope and diversity of these rights is so great that a brief description of them cannot hope to take in every individual situation.

(1) In this guide, the terms ‘country’, ‘State’ and ‘Member State’ are used interchangeably to mean the Member States of the European Union, which are: Austria, Belgium, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta,  the Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden and the United Kingdom. Other countries or States are referred to as ‘third countries’. In addition, as a result of the agreement on the European Economic Area (EEA), virtually all of the rights mentioned in this guide also apply to the people of Iceland, Norway and Liechtenstein and to nationals of those three countries working in an EU Member State. 

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I. RIGHT OF RESIDENCE

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WHO HAS THE RIGHT OF RESIDENCE?

As a national of one of the 25 EU countries, you are entitled to stay in any EU country, whatever your profession or your economic circumstances. However, this right is subject to certain conditions and limits.

You have the right to stay in another EU country temporarily if you wish to spend your holidays there, are sent there by your employer, or if you occasionally offer your services there as a self-employed person. You also have the right to go to any other EU country to work, and you may live there permanently if you are employed or self-employed.
If you are a student, taking part in a transnational youth or voluntary activity, retired (and want to live in an EU country other than the one in which you worked) or out of work, you also have the right of residence in another EU country. However, you must have sufficient financial resources and health insurance so as not to be a burden on the social security system in the country in which you choose to live.

These conditions do not apply if you retire in the country where you worked previously as an employed or self-employed person. If you are a student, you must have health insurance, but it is sufficient for you to submit a statement of your financial resources.

If you are unemployed, you have the right to live in another EU country for a ‘reasonable period’ of time in order to look for a job. In the absence of a Community provision defining a ‘reasonable period’, most Member States are now operating a six-month period, though some are still operating a three-month period. You are advised to check the exact situation with the national authorities in the country in which you are looking for work. However, no matter how long you have to look for a job, you cannot be asked to leave the country if you can prove that you are still seriously looking for a job and that you have a real chance of finding one (for example, you still have interviews to attend or tests to undergo).

In certain circumstances, if you are receiving unemployment benefit in one EU country, you may continue to receive that benefit for up to three months in another EU country. To do so, you must apply to the authorities which pay your unemployment benefit. They will tell you what you have to do.

Members of your family, whatever their nationality, may go with you and take advantage of their right to live in another EU country. Your family is defined as your spouse, children under 21 (or dependent on you), as well as your parents and your spouse’s parents, if they are also dependent on you.

If you are a student, the right of residence is limited to your spouse and dependent children.
If members of your family are not EU nationals, the country you are living in may, depending on the nationality of the individuals concerned, require an entry visa. This visa should be granted free of charge and without undue formalities by the relevant consular authorities.
It is important to note that following the recent enlargement of the EU, there is a transitional period of maximum seven years during which Community law relating to free movement of workers will not yet apply fully across the enlarged EU. Consequently, during the transitional period, workers from some of the States which recently joined the EU may face restrictions on access to the labour markets of the previous Member States (EU-15), whilst workers from the EU-15 may face reciprocal restrictions in some of the new Member States.

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WHAT FORMALITIES ARE INVOLVED IN THE RIGHT OF RESIDENCE?

The formalities depend on how long you plan to spend in a country.

  • If you intend to stay no more than three months in another EU country (e.g. if you are on holiday, following or giving a training course, undergoing treatment, doing a temporary job or taking part in a transnational youth or voluntary activity), all you need is a valid identity card or passport. There is no need for any special visa or residence permit. The host country is entitled to ask you to notify your presence to the relevant authorities, though not all EU countries do this. This notification is often automatic, e.g. when you check into a hotel or fill in a tenant’s form when renting accommodation.
  • If you stay between three months and one year in a temporary job as an employee or employed on behalf of a service provider, you will qualify for a residence permit for the period in question. If you move to another Member State as a person offering temporary services or benefiting from temporary services, the residence permit will correspond to the duration of the provision of these temporary services.
  • In all other cases, you may apply for a residence permit. As an EU national, you are entitled to such a permit.
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RESIDENCE PERMIT

An EU national’s residence permit is a special permit. It is usually different from any permit issued to non-EU nationals.

You do not need to do anything before your departure to obtain a residence permit. You should simply go to the competent administrative authorities on the spot in the country in which you have chosen to live.

You are entitled to work as an employee or as a self-employed person without waiting for your residence permit to be issued. This document is merely a means of proof and not a condition of your entitlement to live in the country.

When you apply for your residence permit, you must produce a valid passport or identity card. The authorities are also entitled to ask you to provide other documents which vary according to your circumstances:

  • if you are an employee, you may be asked for a signed statement from your employer;
  • if you are self-employed, you may be asked to prove your self-employed status by any appropriate means;
  • if you are a student, you must be registered with an approved educational establishment, prove that you have adequate sickness insurance and prove to the national authority concerned, by ways of a statement or by any equivalent means of your choice, that you have sufficient financial resources. This statement must also include any members of your family who accompany you. You can not be asked to provide proof that you are in possession of a certain amount of money.
  • if you are retired or unemployed, you must prove that you have adequate sickness insurance and sufficient financial resources for yourself (each country sets its own amount), as well as for any members of your family who are with you. The retirement benefits are payable wherever you are living. If the retirement scheme under which you are insured covers your medical expenses, you have the right to the same cover as a retired person in the country in which you reside. To qualify for these benefits, you should notify your change of residence to your pension authorities before you leave and ask for Form E121 from the health authorities in the country you are moving from. The form should be provided to the relevant authorities in the country to which you move.
  • If you are a young person taking part in a transnational voluntary activity, you will have to prove that you have adequate sickness insurance and sufficient financial resources (each country sets its own amount). Before leaving the country, remember to inform your sickness insurance scheme that you are leaving and ask them for the European Health Insurance Card or an equivalent document1.Each country is free to define what constitutes ‘sufficient’ financial resources.

To obtain a residence permit for members of your family, proof of kinship with them is usually required.

Members of your family who are not nationals of an EU country will not be issued with an EU national’s residence permit. Instead, they are entitled to a different residence permit which is equally valid. This residence permit has to be applied for on the spot in the country to which you move.

The residence permit for a national of an EU country is:

  • valid throughout the territory of the country of residence for at least five years and is automatically renewable. A student’s permit is valid for one year but is renewable;
  • still valid even if you are absent from the country of residence for up to six months or if you are doing military service in your country of origin;
  • issued free of charge or on payment of a fee no higher than that payable by a national of the country of residence for an identity card.
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EXCEPTIONS TO THE RIGHT OF RESIDENCE

An EU country is entitled to refuse to issue or renew your residence permit, or to require you to leave its territory, if your actions constitute a serious threat to public order or public security. However, having a criminal record is not, in itself, sufficient grounds to justify such a measure automatically.

An EU country is also entitled to refuse to issue you with a residence permit on public health grounds, but only in strictly limited cases involving certain diseases. You may therefore be required to undergo a medical examination before your first residence permit is issued.

If an EU country takes any decision in relation to your residence on grounds of public order, public security or public health, you must be told the reasons for the decision. You must also be given sufficient time to prepare a defence and submit an appeal.

For more information, see, depending on your circumstances, the guides ‘Working in another country of the European Union’ or ‘Studying, training and doing research in another country of the European Union’.

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NEW PROVISIONS ON FREEDOM OF MOVEMENT AND RESIDENCE

On 29 April 2004 the European Parliament and the Council adopted a Directive aiming to update existing legislation on freedom of movement and residence, to facilitate the mobility of citizens within the European Union2. Member States are required to bring into force the laws, regulations and administrative provisions necessary to comply with the directive before 30 April 2006.

The directive brings together the content of the existing nine Directives and one Regulation as well as the relevant case-law into one single legislative instrument which will give this right more transparency and make it easier to apply, both for our citizens and for national administrations.

In accordance with the new directive, administrative formalities will be reduced. EU citizens will no longer need to obtain a residence permit in the Member State where they reside: a simple registration with the competent authorities will be enough, and even this will only be required if it is deemed necessary by the host Member State.

The Directive maintains the requirement that EU citizens need to exercise an economic activity or dispose of sufficient resources in order to take up residence in another Member State. However, after five years of uninterrupted residence, Union citizens and their family members will acquire a permanent right of residence, which will no longer be subject to any conditions. This permanent right will be a clear expression of a European citizenship, allowing EU citizens who have developed strong links with the Member State of residence to enjoy stronger rights.

The Directive also seeks to facilitate the movement of family members. For instance, family members who are nationals of third countries will benefit from better rights, for example in the event of the death of the Union citizen on whom they depend or the dissolution of the marriage.

The Directive guarantees a substantial reduction in the possibilities for expulsion of EU citizens and their family members who have acquired a right to permanent residence in the host Member State and more extensive protection for EU citizens who have strong links in the host Member State and for minors.

1Since 1st June 2004, the European Health Card has replaced Form E111. However, certain Member States have opted not to distribute the European Health Card yet. They will continue to issue the Form E111 until 31 December 2005. For more information on the European Health Insurance Card, please consult the following site: http://ec.europa.eu/employment_social/social_security_schemes/health_card_en.htm

2Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of the citizens of the Union and their family members to move and reside freely within the territory of the Member States, amending Regulation (EEC) n° 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. Official Journal L 158 of 30 April 2004 (corrigendum published in the Official Journal L 229 of 29 June 2004).

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II. RIGHTS AND OBLIGATIONS OF RESIDENTS

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RIGHT TO VOTE AND STAND FOR ELECTIONS

The Treaty on European Union (also known as the ‘Maastricht Treaty’) gives every citizen of the Union the right to vote and stand as a candidate in municipal and European elections in the country where he or she lives, under the same conditions as nationals of that country.

MUNICIPAL ELECTIONS

Living in another Member State means that you are directly affected by the decisions taken by local authorities, whether about a road just behind your house, or the construction of a new school which your children could attend.

Because these matters affect you, it is right that you should be able to express your opinion on them. You can do this by voting or by standing as a candidate in local elections, under the same rules as nationals.

Some EU countries permit voting only at your principal or usual place of residence. However, in countries which also allow voting at your secondary place of residence, you must be treated in the same way as a national of that EU country. You do not automatically lose the right to vote in your country of origin if you vote in municipal elections in the country in which you live.

As a general rule, EU countries cannot require you to have lived in a particular place for a certain amount of time before allowing you to vote, unless their own nationals are subject to this rule. However, one country, Luxembourg, may impose a minimum residency requirement, within certain limits. (See the factsheet, ‘Right to vote and stand as a candidate in municipal elections’.)

EUROPEAN ELECTIONS

As far as elections to the European Parliament are concerned, you lose the right to vote in your EU country of origin if you choose to vote in the EU country where you live. The reason for this is that, if you were able to vote in both countries, you would have two votes to elect a Member of the European Parliament. This would be unfair to people who can vote only in their country of origin. (See the factsheet, ‘Right to vote and stand as a candidate in elections to the European Parliament’.)

FORMALITIES TO BE COMPLETED

For elections to the European Parliament, all EU countries require you to register for the first time on the electoral roll. Once registered you will remain registered under the same conditions as the nationals of that country. For municipal elections, EU countries which do not have compulsory voting can automatically register EU nationals on their electoral roll. In the others, you have to apply to register, as in the case of European Parliament elections. This, in fact, is an additional protection for you, because you may not want to be subject to the compulsory voting which operates in some EU countries.

Your host EU country may require you to show your identity documents and give your last address in your home EU country in order to verify that you are a citizen of the Union.
Voters in European elections may also have to show that they would be entitled to vote if they were living in their country of origin. Candidates may also be asked to provide confirmation that they would be entitled to stand if they were still in their own country.

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RIGHTS YOU SHOULD BE AWARE OF WHEN YOU TAKE UP RESIDENCE IN ANOTHER EU COUNTRY

MOVING PERSONAL PROPERTY

If you are moving to another EU country, you may move your personal property there without any restrictions and without paying customs duties or taxes. However, EU countries can require payment of vehicle registration taxes, or impose restrictions on certain goods, such as arms and ammunition.

MOTOR VEHICLES3

Type-approval

Your rights or obligations may vary depending on the type and age of your vehicle.

  • If you have a new private vehicle with an EC type-approval certificate (obligatory for new types of private vehicles from 1 January 1996) acquired in another EU country, no formalities or checks on the technical characteristics of the vehicle may be imposed in your new country of residence.
  • On the other hand, if you have a used vehicle purchased in another EU country, your country of residence may require the vehicle to undergo a roadworthiness test, if such a test is required in comparable circumstances for second-hand vehicles bought in that country (because of the age of the vehicle, new registration, etc.).

To find out what rules are applicable to your vehicle, you can consult the factsheet, ‘Type-approval and registration of motor vehicles’.

MOTOR VEHICLE REGISTRATION AND TAXES

In general, in order to use a vehicle in the country in which you establish your main residence (i.e. your permanent centre of interest) you have to register that vehicle under the normal number plates of that country.

However, there is an exception in the case where, despite having your main residence in one EU country, you want to have permanent use of a vehicle in another EU country. As this case does not fall into the category of ‘temporary use’ (see next heading), the vehicle has to be registered in the Member State where it is to be permanently used.

Here is an example: your main place of residence is Paris and you work in Madrid during the week. Because of the distance, you cannot use the vehicle registered in France during the week. You therefore have to register the vehicle you have in Spain under a Spanish number plate.

VAT and any other taxes, such as vehicle registration tax, will be charged in the country in which the vehicle will be registered.

You can drive in your car from this country to any other Member State, (in the example given above, except to France, being the country of main residence) for a temporary period, without paying taxes (for more details see under ‘temporary use’).

Furthermore, transferring your used vehicle subsequently to another Member State, for whatever reason or period of time, does not alter the VAT situation. If the car is transferred definitively to another Member State, it will have to be re-registered (under normal plates) in the country of destination.

If you transfer the vehicle at the same time as changing your main residence, from the time you use your vehicle in that country, having become a resident, you will be liable to payment of the following taxes:

  • periodic taxes related to the use of a passenger car within the territory of a Member State, generally referred to as road taxes; these are payable monthly or annually;
  • certain duties to be paid on registration in some EU countries (not to be confused with registration taxes);
  • eventually, registration taxes if this Member State does not apply an exemption from this tax.

For more information, see the factsheets, ‘Type-approval and registration of motor vehicles’ and ‘Vehicle tax’. The authorities in the country to which you are moving can give you the appropriate information.

TEMPORARY USE OF A MOTOR VEHICLE

The general rule is that you can temporarily use your car, registered in the country in which you have your main residence, in any other Member State without paying taxes.

Moreover, it is forbidden to drive a vehicle registered abroad in the country in which you have your main residence (though EU countries are free to apply more liberal rules). This means that you cannot sell, hire out or even lend your vehicle when you are using it temporarily in another Member State and, by the same token, you cannot purchase, hire or borrow (and drive) a vehicle bearing foreign plates in your country of residence.

You are exempt from taxes if you use your vehicle temporarily — that is to say for a period of 6 months (continuous or otherwise) out of any 12 months. This exemption covers private and business use, but not the carriage of passengers or goods by way of trade.

The time limit on temporary use is not applied to individuals who travel to work every day in a neighbouring country (‘frontier workers’). If you are in this position, you may use your vehicle regularly for the journey from your residence to your place of work in the neighbouring country, with number plates from the country in which your are mainly resident, without time limit and without paying taxes.

The same applies to company cars made available by employers in neighbouring countries to frontier workers. These workers may use their cars for business and also for private use both in the country in which the company is based and where the car is registered, and in their main country of residence.

Another example of extended temporary use is by students and people taking part in a transnational voluntary activity, for whom no change of residence is involved. Consequently, the use of a vehicle with plates from the country in which such persons are mainly resident is considered as a temporary use and not subject to tax; this applies throughout the period of study or transnational voluntary activity.

Temporary use may be refused to persons who without changing their main residence stay temporarily in another country, taking their car with them, for more than six months. At the discretion of the Member State, people in this position may have to pay certain taxes once the six-month period covered by the full exemption has elapsed.

Several Member States have extended the possibilities of tax-free temporary use, either to cover certain specific cases or in response to individual requests. For more information, see the factsheet, ‘Vehicle tax’. The tax authorities of the host country can give you the appropriate information.

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DRIVING LICENCES

Until 1 July 1996, if you moved to a different EU country, you were obliged to exchange your driving licence for an equivalent licence issued by that country. This requirement has been abolished and you can now drive on your original licence, as long as it is still valid.

However, the host country will apply its own national rules as regards the period of licence validity, medical checks and tax rules, and may make any necessary endorsements. (For more information, see the fact-sheets on ‘Driving licence’.)

Remember to check when your licence expires, so that you can apply for a new one in good time from the relevant authorities in the country you have moved to.

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TAXES

It is important to establish whether, if you move to another EU country to live, you become ‘resident for tax purposes’ there.

Because the definition of ‘resident for tax purposes’ is not the same in all EU countries, you will need to look at both the tax laws of the country where you plan to live and those of your home country to determine where your ‘residence for tax purposes’ will be.

EU countries have concluded tax conventions with one another aimed at preventing double taxation of income. These conventions also specify where a person’s ‘residence for tax purposes’ is when, according to the laws of the country they intend to move to and those of their home country, they could be considered as being resident in both countries.

A person ‘resident for tax purposes’ in one country must normally declare all his or her income there (‘worldwide income’), corrected according to the tax conventions mentioned above, when the income could be considered as taxable in another country. In the country of residence for tax purposes you may also be subject to other taxes such as inheritance tax and wealth tax. The rules on income tax and other taxes such as inheritance tax and wealth tax are not harmonised by the EU. Accordingly, rules and rates can vary considerably from one country to another.

You should therefore find out about your tax position from the tax authorities or competent advisers both in the country that you are planning to move to and in your home country. You can explain the details of your individual and family circumstances to them so that these can be taken into consideration. Check also whether any formalities have to be completed before your departure.

For more information, consult the guide, ‘Working in another country of the European Union’ and the fact sheet, ‘Taxes’, or contact the tax authorities of the countries you are moving from and to, so that due account can be taken of your specific situation and that of your family.

3We refer mainly to passenger cars.

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III. HOW TO GET YOUR RIGHTS RECOGNISED AND ENFORCED

If you consider that national, regional or local authorities have wrongly interpreted your rights under Community law, or that they have discriminated against you or members of your family, you should assert your rights by complaining to the administration concerned. If you are not satisfied with the response, there are other ways to enforce your rights.

You may first need personalised advice on your European Union rights. For this, you can contact the Citizens Signpost Service, a fast and effective advice service which is provided free of charge in all official languages of the European Union. The legal experts of this service will provide practical information and advice on your rights and signpost you to the most appropriate body at European or national level which can assist you in solving the problem.

For more information on Citizens Signpost Service, please consult the following pages: http://ec.europa.eu/citizensrights/front_end/index_en.htm

If your case has a cross-border element you can submit it to your national SOLVIT Centre. SOLVIT is a network of national problem solving centres created and supervised by the European Commission. SOLVIT deals with cross-border problems caused by incorrect application of EU rules by public authorities. It aims to find practical information within ten weeks and is free of charge. For further information on how to submit a case, see: http://europa.eu/solvit.

You may also decide to start a more formal procedure at national level.  National courts must ensure that rights based on Community law are respected and, where necessary, set aside any measure which infringes it. They may also award you compensation.

Furthermore, there are also ways of raising your case more formally at Community level.

Firstly, you can complain to the European Commission (see http://ec.europa.eu/secretariat_general/sgb/lexcomm/ ). If the Commission considers your complaint well-founded, it can contact the national authorities concerned to ask for an explanation and to request that the infringement of Community law be terminated. If the Commission is not satisfied with the response of the national authorities, it can open infringement proceedings against the country concerned. This may lead to the case being referred to the European Court of Justice in Luxembourg. Be aware that such procedures may take a very long time and that SOLVIT may be able to help you a lot faster.

You may also present a petition to the European Parliament (see http://www.europarl.europa.eu/parliament/public/petition/submit.do) or raise your complaint with a Member of the European Parliament, who can put questions to the Commission and the Council. Their reply to the question must be made public.

You can also contact the European Ombudsman (see http://www.ombudsman.europa.eu), but only if your complaint concerns administrative irregularities or omissions by one of the Community institutions (e.g. the European Parliament, the Council or the European Commission), or by any decentralised body of the Community (e.g. the European Training Foundation). The European Ombudsman cannot deal with complaints concerning national or local administrations.

 

Neither the European Commission nor any person acting on behalf of the Commission is responsible for the use which might be made of the following information.

Last update: 2005
Reproduction is authorised provided the source is acknowledged.

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