Family reunification - EU citizens Flashcards
Coman (2016), on same sex marriage and family reunification
Romanian man married an American man in Belgium, where they lived for 4 years. Then they moved to Romania and the authorities denied the American husband a right to stay, because Romania does not recognize same sex marriage. The court hel that this refusal would impede the right of free movement, and the notion of spouse is gender neutral. MS still has the right to recognize same sex marriage or not, but they have to recognize it for the purpose of family reunification.
Reyes (2012) on dependency of family members
Philippine daughter with German mother. The mother always sent money to daughter in the Philippines even after she completed 21 years old. The mother got married to a Norwegian man, moved to Sweeden, stopped working, but now the husband was sending money to her daughter. When daughter moved to Sweeden, she applied for residence permit, but it was denied on grounds that she did not prove that the money she was receiving from her mom and step-dad was being used to her basic needs, plus she was not looking for a job. The court held that those evidences were sufficient, and that a MS cannot require proof of being a job-seeker to a family member, and it cannot affect the conditions of being DEPENDENT.
SM (2018) adopted children
French national who lived in the UK and adopted a child from Algeria through the kafal system, which do not provided full parent rights, but it is a legal form of being responsible for the child. UK authorities denied the child the right of residence. The court held that directive 2004/38 should be applied and interpreted uniformly and broadly to any parent-child relationship, biological or legal, to any nationality. Plus, Article 24 of the Charter of Fundamental Rights guarantees that all the actions relating to children must be in the best interests of the children, including the right of residence.
Rahman (2011), on duty to facilitate family reunification
Bangladeshi woman married an Irish man and lived in the UK. The woman acquired British citizenship, then her brother-in law from Bangladesh applied for a residence permit in the UK as a dependent family member, which was denied saying he did not qualify as a dependent family mamber. The court held that unlike spouses, children, or parents, other family members (like Rahman) do not have an automatic right of residence. However, EU countries must assess their applications fairly and transparently. Plus, the dependency should be understood as a situation where a family member has a genuine need for material support, it does not have to be absolute.
