Income Requirements and Security of Residence in Unforced Migration the Case of EU Citizens

This paper examines the differences, at EU level, between the legal and institutional framework for movement of EU nationals and that for migration of non-EU nationals. Whereas EU law conditioning access of non-EU nationals to the labour market of EU Member States is largely framed in economic terms and based on cost/benefit analysis, EU nationals have a right under EU law to reside in Member States other than that of their nationality on condition that they either are student or economically active, or do have ‘sufficient resources’. They need to fulfil these requirements during the first five years of residence. This paper will examine whether the differences in framework are also visible on the ground by looking at the changing practice of monitoring ‘sufficient resources’.

Against the background of the economic crisis, several Member States increased the threshold for ‘sufficient resources’ and introduced stricter enforcement of the financial conditions. At the same time, the percentage of flexible and temporary labour contracts on the labour market increased, making it harder to fulfil these financial conditions. This paper first examines on what grounds national authorities have introduced stricter rules and enforcement. Secondly, it analyses how the combination of stricter rules, economic crisis and flexible contracts may impact on termination of residence of, presumably, less wealthy EU citizens. It questions the differentiation made at EU level between the rights-based framework for EU citizens and the cost/benefit framework for non-EU nationals and argues that practice on the ground does not sustain that differentiation.