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The EU Citizenship Directive: A Commentary$
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Elspeth Guild, Steve Peers, and Jonathan Tomkin

Print publication date: 2019

Print ISBN-13: 9780198849384

Published to Oxford Scholarship Online: March 2020

DOI: 10.1093/oso/9780198849384.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2021

Right of Permanent Residence

Right of Permanent Residence

(p.188) 4 Right of Permanent Residence
The EU Citizenship Directive: A Commentary

Elspeth Guild

Steve Peers

Jonathan Tomkin

Oxford University Press

This chapter focuses on the right of permanent residence provided for in the citizens’ Directive. Article 16, which creates a general status of permanent residence for EU citizens and their family members, is one of the novelties of Directive 2004/38. It builds on the conditional right to permanent residence for workers and the self-employed and their family members, which already existed, and which has been incorporated into the Directive at Article 17. Meanwhile, Article 18 provides for a permanent residence right for those third-country national family members whose EU citizen principal is no longer available as a source of rights, and who have retained rights of residence under Articles 12(2) or 13(2). The chapter also looks at the provisions of Articles 19–21 on administrative formalities, which are an important part of the protections for EU citizens and their family members.

Keywords:   right of permanent residence, citizens’ Directive, EU citizens, family members, third-country national family members, administrative formalities

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