Citizens Directive – Primus Solicitors

In Secretary of State for the Home Department v Banger (Citizenship of the European Union – Right of Union citizens to move and reside freely within the territory of the European Union – Judgment) [2018] EUECJ C-89/17, the CJEU has held as follows.

Where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the non-EU partner with whom that citizen has a durable relationship. A decision to refuse such a residence authorisation to the non-EU partner must be founded on an extensive examination of the applicant’s personal circumstances and be justified by reasons

Ms Rozanne Banger, a South African national, is the partner of Mr Philip Rado, a British national. Ms Banger and Mr Rado lived together in South Africa between 2008 and 2010 before moving to the Netherlands. Ms Banger was granted a residence card by the Netherlands authorities in her capacity as an extended family member of an EU citizen, in accordance with the EU directive on the freedom of movement of EU citizens and their family members (‘the directive’).

The directive requires Member States to facilitate the entry and residence of the partner with whom a EU citizen has a durable relationship, where that EU citizen has moved to a Member State other than that of which he is a national. In relation to an application from such a partner, Member States are required to undertake an extensive examination of his personal circumstances and to justify any refusal of entry or residence.
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Citizens Directive, CJEU, EU Law, UTIAC

AG’s Opinion in Case C-89/17 SSHD v Banger

April 13, 2018April 13, 2018 Asad Ali Khan, BA, MSc, MA, LL.B (Hons), LL.M

Advocate General Bobek has opined that where an EU citizen returns to his Member State of origin, that Member State must facilitate the entry and residence of the citizen’s non-EU partner with whom he has created or strengthened family ties in another Member State. The requirement to facilitate does not confer an automatic residence right but does require the Member State to undertake an extensive examination of the personal circumstances of the non-EU citizen and justify any refusal of entry or residence. Ms Banger, a South African national, is the partner of Mr Rado, a British national. Ms Banger and Mr Rado lived together in South Africa between 2008 and 2010 before moving to the Netherlands. Ms Banger was granted a Dutch residence card in her capacity as an extended family member of an EU citizen, in accordance with the free movement directive.

The directive requires Member States to facilitate the entry and residence of the partner of an EU citizen with whom he/she has a durable relationship, where the EU citizen has moved to a Member State other than that of which they are a national. In relation to requests made by such persons, Member States are required to undertake an extensive examination of the personal circumstances and justify any refusal of entry or residence. Continue reading “AG’s Opinion in Case C-89/17 SSHD v Banger” →