... Directive 2004/38/EC of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States  ... merges into a single instrument all the legislation on the right of entry and residence for Union citizens, consisting of two regulations and nine directives. This simplification aims to make it easier not only for the general public but also for public authorities to exercise their rights. The Directive also sets out to reduce to the bare minimum the formalities which Union citizens and their families must complete in order to exercise their right of residence.

Right of residence for more than three months

The right of residence for more than three months remains subject to certain conditions. Applicants must:

• either be engaged in economic activity (on an employed or self-employed basis);
  
• or have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay. The Member States may not specify a minimum amount which they deem sufficient, but they must take account of personal circumstances;
  
• or be following vocational training as a student and have sufficient resources and sickness insurance to ensure that they do not become a burden on the social services of the host Member State during their stay;
  
• or be a family member of a Union citizen who falls into one of the above categories.

Residence permits are abolished for Union citizens. However, Member States may require them to register with the competent authorities within a period of not less than three months as from the date of arrival. Proof of registration will be issued immediately on presentation of:

• an identity card or valid passport;
  
• proof that the above conditions are complied with (see Article 9 of the Directive on the proof required for each category of citizen). Union citizens engaged in training must show, by means of a statement or any other means, that they have sufficient resources for themselves and for the members of their families to ensure that they do not become a burden on the social services of the host Member State.

This will be sufficient to prove that they comply with the resources condition.
Family members of Union citizens who are not nationals of a Member State must apply for a residence permit for family members of Union citizens. These permits are valid for five years from their date of issue.

Under certain conditions the death of the Union citizen, his or her departure from the host Member State, divorce, annulment of marriage or termination of partnership does not affect the right of family members who are not nationals of a Member State to continue residing in the Member State in question.