Jobseeker. Do I Have Residency Rights?

As an EU national you have the right to go and look for work in another EU country.

The first 6 months
If you stay looking for work in another EU country for less than 6 months, you will need a valid identity card or passport.

As a jobseeker, you don’t need to register as a resident for the first 6 months. But some EU countries do require you to report your presence to the relevant authorities (often the town hall or local police station) within a reasonable period of time after arrival.

In many EU countries, you need to carry an identity document (national identity card or passport) at all times.
You can be fined or temporarily detained if you leave these documents at home – but you cannot be expelled just for this.

Check whether there is any obligation to carry an ID or passport at all times in your host country.

After six months.

Assessment of your right to stay

If you have not found a job during the first 6 months of your stay, the national authorities can assess your right to stay.

For this, they will want evidence that you:

are actively looking for a job and
have good chances of finding one.
Always keep copies of your job applications, responses from potential employers, invitations for interviews and so on.
You are not required to register with the employment services in your new country (unless you are exporting unemployment benefit from your home country) but if you do, it will help you to prove that you are actively looking for a job.

Request to leave / Expulsion
In exceptional cases, your new country can decide to expel you on grounds of public policy, public security, or public health – but only if it can prove you pose a serious threat.

Expulsion decisions must be given to you in writing. They must state the reasons and specify how you can appeal and by when.

Equal treatment
As a jobseeker, you are entitled to be treated in the same way as nationals of your new country with regard to:

access to work
support from employment services to help you find a job
Your new country might wait until you have established a genuine link with the local job market before granting certain types of financial support to help you find work – such as low-interest loans for unemployed people to do training courses. Being in the country and looking for work for a reasonable amount of time may count as a genuine link.

However, during your stay as jobseeker, you don’t have a right to non-contributory welfare benefits.

CAB Spain thanks the EU Commission for this information.

Please note: The information provided is based upon our understanding of current legislation. It is not legal advice but is provided freely to enable you to be properly informed. We recommend that if you are considering taking action, you should seek professional advice.