If EU law applies, in any shape or form, (see Carpetner v UK 2001 as an interesting example) then yes. It is advised that they move to another part of Europe for some time and then return I'll take a look at Carpenter and Singh soon, thanks. What confuses me here is a press release of the EU court:...

Thanks for the fast reply, its much appreciated. What do you mean? In the McCarthy case for instance it was mentioned that the parties have never exercised free movement rights and thus 2004/38/EC cannot apply. How is "exercising of free movement" defined? Under what circumstances does som...

My understanding of law is a bit limited and I have got some questions about the Dereci case and its implications that I hope you can shed some lights on. EU-citizen and Non-EU cannot rely on the EU law to live together for example in Germany unless they had a German child in Germany. Is that correc...