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Emilija Berzanskaite
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21st January 2022
Employment & Immigration

Court of Justice to rule on criteria that interrupts period of absence for the purpose of maintaining permanent residence 

Official publication has been made of the request for a preliminary ruling lodged by the Raad van State (Netherlands) in K.R (C-637/21), concerning the interpretation of the Citizens’ Rights Directive.

The referring court asks the Court of Justice whether a Union citizen who has acquired a right of permanent residence in a Member State can avoid forfeiting that right under Article 16(4) of the Citizens’ Rights Directive after two years of absence merely by visiting that Member State, however briefly, during those two years. 

If the Court’s answer is in the negative, the referring court then asks what criteria must be met by a stay in the host Member State in order to interrupt that two-year period of absence and whether it is relevant that the EU citizen relocated the centre of her interests to another Member State.

Read the officially published request here.

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