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Family Law

The leading authority on all aspects of family law

09 JAN 2007

FREEDOM OF MOVEMENT: Jia v Migrationsverket (Case C-1/05)

(European Court of Justice; 9 January 2007)

The right of residence in the European Community of the relative of an EC national, established in a Member State other than his own, was conditional upon the relative being dependent; that meant that the relative had to need material support in order to meet his essential needs in his state of origin. While a document from the relative's State of origin attesting to his situation of dependence was not indispensable for the issue of a residence permit (though it would be appropriate), a mere undertaking by the EC national or his spouse to support the relative did not suffice to establish the existence of real dependence.

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