The details of conditions for EU citizens to have a right of residence in another Member State are set out in the Free Movement Directive 2004/38/EC. Residence up to three months requires holding a valid passport or ID card, and longer residence essentially requires that the EU citizen is economically active, or, if not, can show sufficient resources not to be a burden on public funds and comprehensive sickness insurance.

EC law on free movement precludes a Member State from making the right of residence of an EU citizen in another Member State subject to a condition of having a permanent or temporary address.

EU citizens who meet the conditions set out in Directive 2004/38/EC have a right of residence, irrespective of whether they are homeless or not.