ECJ 21 December 2016, joined cases C-508/15 (Ucar) and C-509/15 (Kilic), Free movement, residence:

Sidika Ucar and Recep Kilic – v – Land Berlin, German case

ECJ 21 December 2016, joined cases C-508/15 (Ucar) and C-509/15 (-Kilic)

These cases relate to Decision 1/80 of the ‘Association Council’, a body established pursuant to the 1963 Association Agreement between Turkey and the EU. In both cases, the German immigration authorities had rejected an application to extend the residence permit of a Turkish national but the ECJ found they had a right of residence.

Summary

Ruling

Article 7, first paragraph, first indent, of Decision No 1/80 of the Association Council of 19 September 1980 on the development of the Association must be interpreted as meaning that that provision confers a right of residence in the host Member State on a family member of a Turkish worker, who has been authorised to enter that Member State for the purposes of family reunification and who, from his entry into the territory of that Member State, has lived with that Turkish worker, even if the period of at least three years during which the latter is duly registered as belonging to the labour force does not immediately follow the arrival of the family member concerned in the host Member State, but is subsequent to it.

Onderwerpen

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