Permanent and long term residence Flashcards
Lassal (2010)
French woman living in the UK from 1999 to 2005. She went back to France to stay with her mother for 10 months, and when returned to the UK applied for income support, which was denied on grounds that she could not reside there. Her 5 years residence period was completed before the date the Directive 2004/38 had to be transposed into national law. The Court held that the directive is applied in cases where the 5 years period was completed before the transposition of the directive. Plus, absences of less than 2 years in the host MS do not affect the right of permanent residence.
Onuekwere (2012), family member of a EU citizen, on acquiring permanent residence
Nigerean man married a Irish woman, both living in the UK. He obtained a residence permit in 2000, but later was imprisoned for various offences, and spent 3 years and 3 months in prison. Then, in 2010, his permanent residence request was denied on grounds that his time spent in prison did not count for the 5-year period for permanent residence. The court held that time of imprisonment is not to be counted, since it a sign of lack of integration, and it shows non-compliance with the host MS values.
Kamberaj (2012), long-term residence, TCN
Albanian national (non EU) living in Bolzano (autonomous province). He had his housing allowance denied in his 11th year living there, and Bolzano government said the funds for TCN had been exhausted. The court held that, if there’s different mechanisms to allocate funds for TCNs or EU citizens, then there’s no equal treatment. Housing assistance is a fundamental right under art 34 Charter of Fundamental Rights, and a core benefit under art 11 Directive 2003/109.
