Keywords
Summary

Keywords

Freedom of movement for persons - Workers - Right of residence of family members - Indefinite leave to remain for a worker's spouse - National rules requiring a shorter period of residence for the spouses of persons present and settled in national territory than for nationals of another Member State and members of their families not fulfilling that condition - Discrimination contrary to Article 7(2) of Regulation No 1612/68 - None

(EC Treaty, Art. 8a (now, after amendment, Art. 18 EC); Regulation No 1612/68 of the Council, Art. 7(2))

Summary

$$Legislation of a Member State which requires spouses of migrant workers who are nationals of other Member States to have resided in the territory of that Member State for four years before they become entitled to apply for indefinite leave to remain and to have their applications considered, but which requires residence of only 12 months for the spouses of persons who are settled in that territory and are not subject under the immigration laws to any restriction on the period for which they may remain does not constitute discrimination contrary to Article 7(2) of Regulation No 1612/68.

As Community law stands at present, the right of nationals of a Member State to reside in another Member State is not unconditional. That situation derives, first, from the provisions on the free movement of persons contained in Title III of Part Three of the Treaty and the secondary legislation adopted to give them effect and, second, from the provisions of Part Two of the Treaty, and more particularly Article 8a of the Treaty (now, after amendment, Article 18 EC), which, whilst granting citizens of the Union the right to move and reside freely within the Member States, expressly refers to the limitations and conditions laid down in the Treaty and by the measures adopted to give it effect. Accordingly, the Member States are entitled to rely on any objective difference there may be between their own nationals and those of other Member States when they lay down the conditions under which leave to remain indefinitely in their territory is to be granted to the spouses of such persons.

( see paras 30-31, 35 and operative part )