When you make complaints or send in appeals regarding the Residence permits for E.U spouses, do refer to this European Court of Justice Decision in January 2007 which made the Swedish government issue the residence permit to Yunying Jia. The Swedish government had also demanded prior residency in another european country similar to Ireland.
The High Court case is to be heard on the 8th of June.
http://eur-lex.europa.eu/LexUriServ/sit ... 020003.pdf
Yunying Jia v Migrationsverket
(Case C-1/05) (1)
(Freedom of establishment — Article 43 EC — Directive
73/148/EEC — National of one Member State established in
another Member State — Right to residence of a spouse's
parent, the spouse and the parent being nationals of a non-
Member country — Requirement that the parent be lawfully
resident in a Member State when joining his family in the
Member State of establishment — Evidence required to show
that the parent is a dependant)
(2007/C 42/04)
Referring court:Länsrätten i Stockholms län — Migrationsdomstolen
Parties to the main proceedings
Applicant: Yunying Jia
Defendant: Migrationsverket
Re:
Right to residence of a parent of a spouse, both holding the nationality of a non-Member State, of a national of a Member State resident in another Member State who is dependent on that citizen — Requirement for that parent to reside lawfully in a Member State when joining his family — Evidence required to
show that the parent is a dependent
Operative part of the judgment:
1. Having regard to the judgment in Case C-109/01 Akrich [2003]
ECR I-9607, Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State;
2. Article 1(1)(d) of Council Directive 73/148/EEC of 21 May
1973 on the abolition of restrictions on movement and residence
within the Community for nationals of Member States with regard
to establishment and the provision of services is to be interpreted to
the effect that ‘dependent on them’ means that members of the
family of a Community national established in another Member
State within the meaning of Article 43 EC need the material
support of that Community national or his or her spouse in order
to meet their essential needs in the State of origin of those family
members or the State from which they have come at the time when
they apply to join that Community national. Article 6(b) of that
directive must be interpreted as meaning that proof of the need for
material support may be adduced by any appropriate means, while
a mere undertaking from the Community national or his or her
spouse to support the family members concerned need not be
regarded as establishing the existence of the family members' situation
).
)
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