By Maria Haag
On 2 October 2019, the CJEU delivered an important decision, which clarifies the ‘sufficient resources’ condition of Article 7(1)(b) Directive 2004/38 and simultaneously reinforces the right to free movement of Union citizens.
The case concerned the right of a third-country national mother of two minor Union citizens to reside in Northern Ireland in her capacity as their primary carer. The UK authorities had found that the mother could not claim a derived right of residence as the children did not fulfil the requirements set out in Article 7(1)(b) of Directive 2004/38. This provision sets out two conditions for the Union citizen’s right of residence in a host Member State for a period longer than three months: having (i) sufficient resources for themselves and their family members not to become a burden on the host state’s social assistance system, and (ii) comprehensive sickness insurance cover.
Specifically, in this case, the UK authorities argued that the minors could not prove compliance with the requirement for sufficient resources. While their father did place resources at their disposal, the UK authorities argued that such resources could not be taken into account for the purposes of Article 7(1)(b), as they had derived from employment carried out unlawfully after the expiry of his residence card and work permit. Continue reading