Post
by freeforall1 » Tue Oct 14, 2014 2:55 pm
I don't have the DO here with me but I will try and get a copy. I guess we can exchange emails here or maybe in a private box, if you don't mind. Yer I mean a residence card when I get in but I'm sure like you said, they will be fuming! I have seen the Nnamdi's one and by all means I think I am better off in terms of the previous he's had (with all humility) but as you suggested I would try and consider the Test adopted. So it is advisable to start the fight here before coming in or better still be prepared for the same scenario as you mentioned earlier. The point in O v Netherlands that I thought you would be able to pin point is this..."Article 21(1) TFEU must be interpreted as meaning that where a Union citizen has created or strengthened a family life with a third‑country national during genuine residence, pursuant to and in conformity with the conditions set out in Article 7(1) and (2) and Article 16(1) and (2) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC, in a Member State other than that of which he is a national, the provisions of that directive apply by analogy where that Union citizen returns, with the family member in question, to his Member State of origin. Therefore, the conditions for granting a derived right of residence to a third‑country national who is a family member of that Union citizen, in the latter’s Member State of origin, should not, in principle, be more strict than those provided for by that directive for the grant of a derived right of residence to a third‑country national who is a family member of a Union citizen who has exercised his right of freedom of movement by becoming established in a Member State other than the Member State of which he is a national.".. But knowing The UK, nothing is straightforward!