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Ares(2013)980304 - 29/04/2013

EUROPEAN COMMISSION
DIRECTORATE-GENERAL JUSTICE Directorate C: Fundamental rights and Union citizenship Unit C.2: Union citizenship and Free movement Head of Unit

Brussels,

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JUST/C2/MM/ip (2013) S777460

Mr Steven Green By e-mail: siplep@gmail.com

Dear Mr Green, I acknowledge receipt of your e-mail of 11 March 2013 concerning the means returning UK nationals can use to prove that they resided in another EU Member State. Please note that EU law does not lay down any specific means of proof that could be used in this particular situation. However, 1 consider that the general principle related to the means of proof EU citizens can present to demonstrate their EU right of residence applies. This means that in practice the choice of the means lies fully with EU citizens and national authorities must consider all the evidence presented to establish whether the fact have been fully proven by the evidence presented. National authorities may not a priori exclude certain documents or oblige the applicants to present only documents exhaustively specified in national rules. I would like to draw your attention that, in relation to the right of returning UK nationals, the applicable UK rules are to be found in The Immigration (European Economic Area) Regulations 2006, as amended. Regulation 9 of the 2006 Regulations extends the rights granted in the UK to non-UK EU citizens and also to UK nationals on the condition that the UK national is residing in an EEA State as a worker or self-employed person or was so residing before returning to the UK. We contacted the UK authorities in 2011 regarding compatibility of Regulation 9 of the 2006 Regulations with EU law. The UK authorities maintained that the UK rules are in line with EU law as the above two relevant judgments of the Court refer to EU citizens who were working in the host Member State before returning to the Member State of their nationality. On the basis of the UK arguments, the Commission will complete its assessment and consider the next course of action. We can keep you informed about the developments if you wish so. Yours sincerely,

t /b: ^ " Chiara Adam ~~

Contact: Mr Michal Meduna, telephone: +32 229 59 508, mic ha1.eduna'c/ec .curopa.e u
Commission europenne, B-1049 Bruxelles / Europese Commissie, B-1049 Brussel - Belgium. Telephone: (+32-2) 299 11 11. Office: M059 06/68. Telephone: direct line (32-2) 297 44 57. Fax: (32-2) 297 95 86. - E-mail: JUST-Citizenship@ec.europa.eu