I know from previous posts that an EU national can make use of EU law for family reunfication when returning back to country of origin, when having exercised his/her treaty rights in another member state , if he/she was a worker or self employed. However , it seems following the Metock ruling, students and self sufficient persons which have resided in another EU/EEA Member State are also eligible for family reunification under EU law upon their return to their country of origin. The following link taken from the danish site.
Does anyone know if other member states allow their nationals to make use of EU law when having exercised their treaty rights in another member state as a student or self sufficient person?
http://www.nyidanmark.dk/en-us/faq/fami ... eu-law.htm
Is a Danish national eligible for family reunification under EU law if s/he has stayed in another EU/EEA Member State without having a job or otherwise being economically active?
Yes, it follows from the Metock judgment that students and self-supporting persons who have resided in another EU/EEA Member State are also eligible for family reunification under EU law upon their return to their country of origin.
Danish nationals are required to have had genuine and effective residence in the EU/EEA Member State in which they resided as students or self-supporting persons. This means that it must be a genuine move.
The move must be real, and a short stay at, for example, a hotel room is not sufficient.
Students must have enrolled at a private or public educational institution accredited or financed by public authorities according to legislation or administrative practice for the purpose of following a course of study, including a vocational course, at such institution. Students must also be able to support themselves and their family during such a stay.
Self-supportive persons must dispose of such income or means for their own and their family members' support that, based on to a concrete assessment, they are presumed not to become a burden on the public authorities. In other words, self-supportive persons are not eligible if they have received any social assistance during their stay in another EU/EEA Member State.
Where an application is made for spousal reunification, the marriage is also required to be genuine
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