Right of Permanent Residence

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.