JN204 Lecture 22: Jr204 lecture 22
19 Nov 2020
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Secondary rights of residence for family members spouse. Directive 2004/38 art. 35: m. s. can adopt necessary measures to refuse, terminate or withdraw right in case of abuse of rights or fraud, such as marriages of convenience. Directive 2004/38 recital 28: marriage of convenience = a form of relationship contracted for the sole purpose of enjoying the right of freedom of movement and residence. Criteria in com (2009) 313 indicating possible marriage of convenience 1) couple have never met before their marriage; 2) they are inconsistent about their respective personal details; 3) they do not speak language understood by both. Akrich (c-109/01): t. c. n. spouse could move to another m. s. with migrant citizen only once t. c. n. spouse had lawfully entered 1 m. s. under national law (first point of entry principle) & lawfully resided there (prior lawful residence principle) Member state, in order to benefit from the provisions of that directive. Secondary rights of residence for family members dependant relatives.
