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European Observer on fundamental right's respect

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Case Law C-1/05 (09/01/2007)

Type: Judgment

Authority: European Authorities: Euopean Communities' Court of Justice

Date: 01/09/2007

Subject: The Court ruled that the grant of a residence permit to nationals of a non-Member State, who are family members of an EC national who has exercised his or her right of free movement, is not subject to the condition that they must have previously lawfully resided in another Member State. Moreover, the Court ruled that the family members of a Community national are 'dependent' if they need his/her material support in order to meet their essential needs at the time when they request family reunification. The proof of the need for material support may be adduced via all appropriate means.

Parties: Yunying Jia c/ Migrationsverket

Classification: Art. 15 Right of establishment - Art. 45 Freedom of movement - Freedom of residence

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Notices: Nessuna segnalazione