× Search rightsnet
Search options

Where

Benefit

Jurisdiction

Jurisdiction

From

to

Forum Home  →  Discussion  →  Residence issues  →  Thread

an interesting new EU case

ClairemHodgson
forum member

Solicitor, SC Law, Harrow

Send message

Total Posts: 1221

Joined: 13 April 2016

on referral from NI - granted, this is an immigration decision, but nonetheless interesting for all that

https://www.bailii.org/eu/cases/EUECJ/2019/C9318_O.html

albanian married couple.  hubby’s residence card expired 2014 but he carried on working & paying tax & NI.  two children are IRISH nationals (born in NI)
conclusion:

V.    Conclusion

90.    In light of all the foregoing considerations, I propose that the Court answer the questions referred by the Court of Appeal in Northern Ireland (United Kingdom) for a preliminary ruling as follows:

Article 7(1)(b) of 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 amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, as amended by Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011, must be interpreted as meaning that a young child who is a Union citizen has sufficient resources not to become a burden on the social assistance system of the host Member State during his period of residence where, in circumstances such as those of the case in the main proceedings, those resources are provided from income derived from the activity unlawfully carried on in that Member State, without a residence or work permit, by the child’s father, a national of a third country.