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CJEU finds that EU citizen minor has sufficient resources even though resources derived from father’s unlawful employment



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The Aire Centre intervened in Case C-93/18, Ermira Bajratari v Secretary of State for the Home Department, where the CJEU holds that -

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 must be interpreted as meaning that a Union citizen minor has sufficient resources not to become an unreasonable burden on the social assistance system of the host Member State during his period of residence, despite his resources being derived from income obtained from the unlawful employment of his father, a third-country national without a residence card and work permit.

[ Edited: 8 Oct 2019 at 01:15 pm by Ros ]
Martin Williams
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Welfare rights advisor - CPAG, London

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So W(China) and X(China) v SSHD [2006] EWCA Civ 1494  was wrongly decided on this point.