Family Of Workers/EU nationals

Question 0

Diatta

Answer 0

Married couple living separately still possible to consider legitimate members of the family and still remain in the host state

Question 1

Family members mandatory admission art 3(1)

Answer 1

Spouse -- (Diatta)
Descendants under 21-- (Moritz)
Dependent descendants-- (Teixeira) 
Dependent ascendants -- (Jia) 
Registered partners recognized in home and host state -- (Netherlands v Reed)

Question 2

Moritz

Answer 2

Parent of child had to hold status of workers family to continue education in state

Question 3

Jia

Answer 3

Financially dependent of Chinese mother in law was allowed to join children in EU member state because of link of dependence

Question 4

Rights of workers under art 45

Answer 4

Also applies to family members

Question 5

Art 3(2) discretionary admission

Answer 5

Those not falling into a mandatory group– dependent on EU citizen; members of the household of EU citizen;
have serious health grounds which strictly require the personal care of the family member by the EU citizen

Partners duly attested

Question 6

Family rights

Answer 6

Art 4: free movement in the EU for up to 3 months
Art 5: right to enter another MS without the need for a visa
Art 6: initial right of entry and residence
Art 8: obligation to register
Art 9 and 10: residence card
- can include 3rd country nationals
All under directive 2004/38

Question 7

Bombaust case

Answer 7

Baumbast – EU citizens do not need to be economically active to benefit from free movement
As well the case talks about deportation of a EU citizen where his dependants still reside in MS– children were allowed to remain also needs to correspond with art 8 ECHR- right to family life