Sample Solution

live with Charlotte in London under the status of a ‘relative’. Article (2) of Directive 2004/38 remembers life partner for the meaning of a ‘relative’. From the realities of Luis’ circumstance, there is no proof to recommend that he is working or searching for an occupation, so I can accept that he is a reliant relative on Charlotte as she is the just one getting any salary. On account of Center Public d’Aide Sociale de Courcelles v Lebon , the Court of Justice held that a dependant relative is one who gets support from the EU resident whether that be finical or non-money related help it doesn’t make a difference. Article 6 (1) of Directive 2004/38 indicates the ideal for EU residents to dwell for as long as a quarter of a year is additionally material to non-EU relatives in Art 6 (2). Order 2004/38 builds up the privileges of relatives to live with a Union laborer. Regarding his privileges to free development as a relative, under Art. 9 (2)of the Directive , he is required to apply for a home card not over 3 months from his appearance in the Member State. Living arrangement cards are legitimate for at any rate 5 years which would even now be in date in the event that he had applied for it. Be that as it may, the realities don’t recommend that Luis has applied for his habitation card. Non EU relatives who have lived with a Union resident in the host Member State for a long time can procure the privilege to lasting residency under Art. 16 subsection 2 of the Directive 2004/38 . The option to “dwell based on this mandate in the host Member State and appreciate equivalent treatment of the nationals of that Member State” under Article 24 (1) of Directive 2004/38 is stretched out to relatives who have the privilege of home which Luis does.

Under Art. 20 TFEU , Bjarne is an EU resident as he is a Swedish national. He likewise goes under the meaning of a ‘relative’ to Charlotte in Article 3 (2) (an) of the Directive 2004/38 . He is 11 years of age and has learning challenges which implies he is a “dependant direct family member” of Charlottes under Article 3 (1) (d) . As he is an EU resident, he is likewise qualified with the expectation of complimentary development. He has the privilege of living arrangement in any Member State for as long as a quarter of a year with no conditions. He has had the option to remain for the 4 years as he is a dependant relative of Charlottes which implies he has the option to remain in Londo