CJEU: Non-EU national may benefit from a right of residence
In order to guarantee the effectiveness of the rights conferred by citizenship of the EU, the conditions for the grant of that derived right of residence ought not, in principle, to be stricter than those laid down by the free movement directive.
Mr Toufik Lounes, an Algerian national, entered the UK in 2010 on a six-month visitor visa and then overstayed illegally. Ms Perla Nerea García Ormazábal, a Spanish national, moved to the UK as a student in 1996 and began working full time in the UK in 2004. She became a naturalised British citizen in 2009.
In April 2014, Mr Lounes and Ms García Ormazábal married. Following their marriage, Mr Lounes applied to the Secretary of State for the Home Department for the issue of a residence card as a family member of an EEA (European Economic Area) national. On 14 May 2014, he was served with a notice, together with a decision to remove him from the UK, on the grounds that he had overstayed in that State in breach of immigration controls.
In addition, by letter of 22 May 2014, the Secretary of State for the Home Department informed Mr Lounes that his application for a residence card had been refused. The letter stated that, in accordance with UK law, Ms García Ormazábal was no longer regarded as an ‘EEA national’ because she had acquired British nationality. Consequently, she was no longer entitled to rely on the rights conferred by the directive on free movement1 and Mr Lounes could not therefore claim a residence card as a family member of an EEA national.
Latest News from
Germany: CHANCEN eG receives European support for providing student financing03/12/2021 11:33:00
The European Investment Fund (EIF) has signed a guarantee agreement with CHANCEN eG covering a portfolio of up to €30 million of income sharing agreements (ISAs) to support students in Germany wishing to invest in their studies and upgrade their skills.
Anti-money laundering: Council agrees its negotiating mandate on transparency of crypto-asset transfers03/12/2021 10:38:00
EU ambassadors recently (01 December 2021) agreed on a mandate to negotiate with the European Parliament on a proposal to update existing rules on information accompanying transfers of funds.
Progress on fishing licences in Guernsey waters03/12/2021 09:25:00
The continuous efforts of the European Commission have led to Guernsey granting permanent fishing licences to 40 vessels, and declaring 3 others as meeting the qualification criteria.
Commission reiterates calls to step up vaccination, rapid deployment of boosters, vigilance and rapid reaction to Omicron variant02/12/2021 16:33:00
The Commission yesterday put forward a common and coordinated EU approach to address effectively the challenges from the resurgence of COVID-19 in many Member States this autumn.
Global Gateway: up to €300 billion for the European Union's strategy to boost sustainable links around the world02/12/2021 15:25:00
The European Commission and the High Representative for Foreign Affairs and Security Policy yesterday launched the Global Gateway, the new European Strategy to boost smart, clean and secure links in digital, energy and transport and strengthen health, education and research systems across the world.
Statement by President von der Leyen on facing current and new COVID-19 challenges02/12/2021 14:33:00
Statement given yesterday by President von der Leyen on facing current and new COVID-19 challenges.
Asylum and return: Commission proposes temporary legal and practical measures to address the emergency situation at the EU's external border with Belarus02/12/2021 13:25:00
The Commission yesterday put forward a set of temporary asylum and return measures to assist Latvia, Lithuania and Poland in addressing the emergency situation at the EU's external border with Belarus.
Modernising judicial cooperation: Commission paves the way for further digitalisation of EU justice systems02/12/2021 12:38:00
The European Commission yesterday adopted several initiatives to digitalise EU justice systems, making them more accessible and effective.
Introductory remarks by Commissioner Gentiloni at the European Parliament's Subcommittee on Tax Matters, 30 November 202102/12/2021 11:33:00
Introductory remarks given recently by Commissioner Gentiloni at the European Parliament's Subcommittee on Tax Matters, 30 November 2021.
Promoting data sharing: presidency reaches deal with Parliament on Data Governance Act02/12/2021 10:38:00
Negotiators from the Council and the European Parliament recently (30 November 2021) reached a provisional agreement on a new law to promote the availability of data and build a trustworthy environment to facilitate its use for research and the creation of innovative new services and products.