Plaintiff (Moroccan), married to a UK national, had been illegally residing in UK. His wife relocated to Ireland to work and Plaintiff agreed to join her. After 6 months they tried to return to the UK, circumventing immigration laws by claiming Plaintiff’s right to move to UK as a spouse of a MS worker (under reg 1612/68).
CFI held that to benefit from such a right the spouse must be lawfully resident in a member state when they move to another member state to which the EU national is migrating or has migrated.
The Court did, however, point out that where the marriage was genuine, in deciding on whether to admit the third-country national, despite their unlawful status under the member state's immigration law, respect for family life under Article 8 of the European Convention on Human Rights should be taken into account.
Article 39 EC is NOT infringed where the spouse didn’t enter the country lawfully in the first place.
A collection of the best GDL notes the director of Oxbridge Notes (an O...
Ask questions 🙋 Get answers 📔 It's simple 👁️👄👁️
Our AI is educated by the highest scoring students across all subjects and schools. Join hundreds of your peers today.
Get StartedThese product samples contain the same concepts we cover in this case.
European Law | Free Movement Of Persons Notes (29 pages) |
GDL EU Law | Free Movement Of Persons 1 Entry Residence Notes (12 pages) |
GDL EU Law | Free Movement Of Workers Notes (7 pages) |