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Trajan Shipley
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14th January 2022
Employment & Immigration Human Rights Internal Market

EU citizenship precludes refusal of right of residence of a dependent third country national, but marriage obligations does not create such dependence: AG Pikamäe

Advocate General Pikamäe delivered his Opinion in Subdelegación del Gobierno en Toledo (Séjour d’un membre de la famille – Ressources insuffisantes) (Joined cases C-451/19 & C-532/19), a case concerning the interpretation of Article 20 TFEU as regards the recognition of the right of residence of third-country nationals who are family members an EU citizen who has not exercised his right of free movement, as well as the possible obligation to carry out a concrete and individual examination of the question of whether there is a relationship of dependence between the members of the nuclear family.

With regard to the recognition of a right of residence for third-country nationals in such circumstances, the Advocate General advised

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