Court of Justice delivers judgment on Chen applications and source of funds for self-sufficiency

Earlier this week, the Court of Justice delivered its judgment in Bajratari v Secretary of State for the Home Department (Directive 2004/38/EC) Case C-93/18.

The Court confirmed that an EU citizen minor has sufficient resources not to become an unreasonable burden on the host member state social assistance system even if they are derived from income obtained from the unlawful employment of his Third Country National father who has no residence card or work permit. In other words, work of a parent may be relied upon to prove sufficient resources, whether or not the parent has permission to work.

The Court also drew attention to the importance of assessment of individual proportionality assessment, when considering any limitations on the exercise of free movement. 

Big congratulations to the AIRE Centre who intervened with the support of the Strategic Legal Fund. 


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