Keywords
Summary

Keywords

1 . FREE MOVEMENT OF PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY - NO REQUIREMENT THAT THE FAMILY MUST LIVE UNDER THE SAME ROOF PERMANENTLY - INDEPENDENT RIGHT OF RESIDENCE UNDER ARTICLE 11 OF REGULATION NO 1612/68 - NONE

( COUNCIL REGULATION ( EEC ) NO 1612/68 , ARTS 10 AND 11 )

2 . FREE MOVEMENT OF PERSONS - WORKERS - RIGHT OF RESIDENCE OF FAMILY - SPOUSE - HUSBAND AND WIFE LIVING SEPARATELY

( COUNCIL REGULATION ( EEC ) NO 1612/68 , ART . 10 )

Summary

1 . THE RIGHT OF RESIDENCE PROVIDED FOR IN ARTICLE 10 OF REGULATION NO 1612/68 FOR THE MEMBERS OF A MIGRANT WORKER ' S FAMILY IS SUBJECT TO THE REQUIREMENT LAID DOWN IN ARTICLE 10 ( 3 ) THAT THE ACCOMMODATION WHICH THE WORKER HAS AVAILABLE MUST BE SUCH AS MAY BE CONSIDERED NORMAL FOR THE PURPOSE OF ACCOMMODATING HIS FAMILY . HOWEVER , IT IS NOT CONDITIONAL ON ANY REQUIREMENT THAT THE FAMILY MUST LIVE UNDER THE SAME ROOF PERMANENTLY .

ARTICLE 11 OF REGULATION NO 1612/68 CONFERS ON THE MEMBERS OF A MIGRANT WORKER ' S FAMILY ONLY A RIGHT TO EXERCISE ANY ACTIVITY AS EMPLOYED PERSONS THROUGHOUT THE TERRITORY OF THE HOST STATE . IT CANNOT THEREFORE CONSTITUTE THE LEGAL BASIS FOR A RIGHT OF RESIDENCE WITHOUT REFERENCE TO THE CONDITIONS LAID DOWN IN ARTICLE 10 .

2 . FOR THE PURPOSES OF ARTICLE 10 OF REGULATION NO 1612/68 , WHICH PROVIDES FOR THE RIGHT OF A MIGRANT WORKER ' S SPOUSE TO INSTALL HERSELF WITH HIM , THE MARITAL RELATIONSHIP CANNOT BE REGARDED AS DISSOLVED SO LONG AS IT HAS NOT BEEN TERMINATED BY THE COMPETENT AUTHORITY . IT IS NOT DISSOLVED MERELY BECAUSE THE SPOUSES LIVE SEPARATELY , EVEN WHERE THEY INTEND TO DIVORCE AT A LATER DATE .