Sample Solution

match played. Ultimately, she has the same rights as Sandra. Her worker status means she is protected under Article 25. She has been able to stay longer than 3 months as she has been working for the whole 4 years and has sufficient economic income. Under Article 45 TFEU Charlotte has the right to “stay in a Member State for the purpose of employment and remain in the territory of a Member State after having been employed in that state.” The Directive 2004/38 gives Charlotte the right got her and her family members to enter, exit and reside freely within the territory of the Member State. Rights set out in Article 20 (2) TFEU are also applicable to Charlotte: “the right to move and reside freely in the Member State, the right to vote and stand as candidates in elections to the European Parliament, right to enjoy the territory of the Member State, protection of the diplomatic and consular authorities of any Member State on the same conditions as the nationals of that State.” She is also entitled to equality in terms of housing, employment, education and social rights under Regulation 492/2011 . Article 16 of Directive 2004/38 includes the right of permanent residence for a Union worker and their family members. The Union citizens acquire this right after a 5 year period of continuous legal residence 9 (Art 16 (1) of the Directive 2004/38) .

Charlotte is married to Luis who is from Columbia. He is not an EU citizen, however, he is able to stay and live with Charlotte in London under the status of a ‘family member’. Article 2 (2) of Directive 2004/38 includes spouse in the definition of a ‘family member’. From the facts of Luis’ situation, there is no evidence to suggest that he is working or looking for a job, so I can assume that he is a dependent family member on Charlotte as she is the only one receiving any income. In the case of Centre Public d’Aide Sociale de Courcelles v Lebon , the Court of Justice held that a dependant family member is one who receives support from the EU citizen whether that be finical or non-financial support it doesn’t matter. Article 6 (1) of Dir