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Thinking of moving to another Member State once retired? – The requirements

A change of scenery can be a tempting way of starting one’s retirement years. This idea is facilitated by Article 21 of the Treaty on the Functioning of the European Union (TFEU). This article states that every citizen of the Union has the right to move and reside freely within the territory of the Member States. Therefore, pensioners have the right to move and reside in another Member State as long as they have the nationality of one of the Member States of the European Union (EU) and as long as they comply with potential conditions laid down by EU law.1

Disclaimer: This blog post is authored by a law student and it is made available for educational purposes and to provide a general understanding of the law, not to provide specific legal advice. By using this blog website you understand that there is no lawyer-client relationship between you and the blog website publisher. The blog website should not be used as a substitute for competent legal advice from a licensed professional lawyer.

The right of pensioners to move and reside in a Member State other than the one they are a national of is further elaborated on within Directive 2004/38.2 Article 6 of this Directive allows pensioners to reside in another Member State for up to three months with the sole requirement being the possession of a valid identity card or passport. However, numerous pensioners desire to settle for a longer period of time in that Member State. In this situation, Article 7(1)(c) of Directive 2004/38 is applicable. This article states that citizens of the EU have a right of residence on the territory of another Member State for longer than three months if they have comprehensive health insurance cover in the host Member State and if they assure the relevant national authority, by means of a declaration or an equivalent method, that they have sufficient resources not to become a burden on the social assistance system of the host Member State.

Concerning the issue of health insurance, there are two possible situations. First, if the pensioner receives a pension from the host Member State, the pensioner is covered by that State’s health insurance system, even if he/she also receives pensions from other States. The second situation is when the pensioner does not receive any income from the host Member State. In this case, the pensioner will receive medical treatment if he/she would have been entitled to medical treatment in the State that pays the pension. Before moving to the host Member State, the pensioner should request an S1 form from the health insurance provider in the home Member State. After arrival in the host Member State, this form should be handed in to the relevant authority in that State, as it establishes the right to full healthcare coverage.3

To conclude, EU citizens do have the possibility to move abroad once retired, provided that they meet the two requirements imposed by EU law: they must have comprehensive health insurance in the host Member State and they must declare that they have sufficient resources to support themselves.

  1. Treaty on the Functioning of the European Union articles 20 and 21.[↩]
  2. Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States [2004] OJ L158/77.[↩]
  3. ‘Your health insurance cover’ (9 March 2020) accessed 24 August 2020[↩]