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Child benefits: Child Benefits paid to children residing in a Member State other than the Member State where the EU worker is paid may be indexed to reflect conditions in the Member State where the child resides. This will only apply to new claims, until 2020 when all Member States may extend indexation to existing claimants. Other exportable benefits, such as old-age pension, are specifically excluded.
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In-work benefits: Rather than a complete emergency brake on migration, it was agreed that in exceptional circumstances a Member State may petition the Council for the authority to apply a brake on access to non-contributory in-work benefits for foreign EU workers for up to four years, beginning as a complete limitation but gradually increasing until full benefits are paid. The authorisation would last for seven years. In the case of the U.K., the deal states that the Council is satisfied that the exceptional conditions requirement is met, setting the stage for the UK to immediately limit in-work benefits upon a vote to stay in the EU.
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Free movement of EU citizens: The right to free movement for EU citizens may be limited by a broader range of causes that could be considered threats to public policy or security, namely the past conduct of an individual, even if that does not amount to a criminal record. Past conduct may be used as a preventative ground to determine a possible threat to public policy or security which may lead to limitation or exclusion from free movement rights.
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Free movement of Non-EU spouses: In an attempt to address “marriages of convenience”, third country national spouses of EU citizens may be excluded from the right to free movement in an EU Member State if they had not lawfully resided in that state before marriage or who marry only after the EU citizen spouse has moved into the host Member State. Also, Member States may address cases where citizens have had stays in another Member State with the sole reason to have EU freedom of movement rights applied to their third country national spouses. In these situations, national immigration law, which will usually be more restrictive, could be applied to govern these cases.
Countries / Territories
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