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Free Movement of People

Question for Home Office

UIN 63253, tabled on 6 February 2017

To ask the Secretary of State for the Home Department, what controls on freedom of movement are available to the Government within the EU Treaties.

Answered on

20 February 2017

EU nationals may enter the UK and reside for up to three months from the date of entry, provided that they do not become a burden on the social assistance system in the UK. EU nationals wishing to stay beyond three months can only do so where they are exercising a Treaty right. Exercising Treaty rights in this context means they must be working, self-employed, self-sufficient or a student, or the family member of an EU national who is exercising a Treaty right.

These requirements are set out in Directive 2004/38/EC (often referred to as ‘the Free Movement Directive’). This EU Directive applies to all EU Member States. The Directive is currently implemented in the UK through the Immigration (European Economic Area) Regulations 2016.

Answered by

Home Office
Named day
Named day questions only occur in the House of Commons. The MP tabling the question specifies the date on which they should receive an answer. MPs may not table more than five named day questions on a single day.