INTBUS 6 Lecture Notes - Lecture 53: Singh Bandhu, Reverse Discrimination, Welfare Rights
16 Sep 2020
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Free movement of persons ii: developments and citizenship. 10 of regulation 1612/68 applies to tcns only if they are lawfully resident in a member state before they move to another one to take advantage of the rights provided by the regulation. It is not applicable where a marriage of convenience has been arranged to circumvent a member state"s laws: therefore, if the marriage is genuine, despite a lack of lawful residence, member states should pay regard to art. 8 echr: generally speaking, where tcns are members of the family of a eu citizen who has exercised rights under eu law, directive 2004/38 (arts. 12/13) provide the most secure rights: after five years, the right of permanent resident is granted, even in the event of death of the union citizen or divorce from the union citizen, also of importance, art. 67(2) tfeu aims to frame a common policy on asylum, immigration and external border controls that is fair towards tcns.
