Eastland Cup Online: Should I stay or should I ‘stay’ ?

Right for free and secure movement of people in EU and clarifications by Lászlo Andor, Commissioner for Employment, Social Affairs and Inclusion.

EC clarifies which Member State is responsible for the provision of social security benefits to EU citizens moving between Member States.

Under EU law there can be only one habitual place of residence and so only one Member State responsible for paying residence-based social security benefits. Employees and the self-employed qualify for social security in the country where they work and non-active people (e.g. pensioners, students) qualify in the Member State where they are ‘habitually resident’., - writes the European Commision website in its publication of 13th January. ‘There are clear safeguards in EU law to prevent people from abusing social welfare systems of other EU countries. This guide will make it easier for Member States authorities to apply the ‘Habitual Residence’ safeguards in practice. The handbook is part of the Commission's ongoing actions to facilitate the free movement of people throughout the EU.’ said László Andor, Commissioner for Employment, Social Affairs and Inclusion. According to the European Commission website the guide, drafted in cooperation with Member States, clarifies in around 50 pages the separate concepts of ‘habitual residence’ and ‘temporary residence’ or ‘stay’.

The guide recalls the specific criteria to be taken into account to determine a person's place of 'habitual residence' such as:

family status and family ties
duration and continuity of presence in the Member State concerned
employment situation (in particular the place where such activity is habitually pursued, the stability of the activity, and duration of the work contract)
exercise of a non-remunerated activity
in the case of students, the source of their income
how permanent a person's housing situation is
the Member State where the person pays taxes
reasons for the move
the person's intentions based on all the circumstances and supported by factual evidence.