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Do you mean by migrant worker a EEA national wanting to exercise treaty rights in another member state?Neverland wrote:What i am looking into is, is there any situations under EU law in which migrant workers can have better rights than those of nationals.
It can't be that restrictive, considering most applications are approved.Directive/2004/38/EC wrote:Immigration example: If I am a UK citizen who has never worked outside of the UK and I marry somebody from Canada, then I will have to use the UK’s restrictive law to bring them to the UK.
I read through the thread, and it seems you are looking for specific examples on the treatment of a non-EEA spouse under national law vs. EU regulations.Neverland wrote:Can anyone give me their thoughts on how the rights of "migrant" workers may be better or worse than that of nationals in certain circumstances.
Very interesting, shandave2001. Would you have any links to the relevant ECJ judgement(s)?shandave2001 wrote:By the way there had been challenge that UK's treatment of its own nationals' spouses by granting them PR(indefinite leave) only after a year (at that time) tantamount to less favourable treatment for EEA nationals as their spouses get PR after 5 years. The matter went as far as to the ECJ (in preliminary ruling), but did not succeed. There is no prospect if such a challenge can succeed now, as counter arguments are too strong.
Likewise it would be interesting to know if there are/were court cases against the own government for being treated less favourable than EEA nationals who exercise their treaty rights. But such cases would probably not be referred to the ECJ.benifa wrote:Very interesting, shandave2001. Would you have any links to the relevant ECJ judgement(s)?shandave2001 wrote:By the way there had been challenge that UK's treatment of its own nationals' spouses by granting them PR(indefinite leave) only after a year (at that time) tantamount to less favourable treatment for EEA nationals as their spouses get PR after 5 years. The matter went as far as to the ECJ (in preliminary ruling), but did not succeed. There is no prospect if such a challenge can succeed now, as counter arguments are too strong.