AIRE centre success at CJEU

The SLF-funded AIRE centre intervened in the CJEU case of Ermira Bajratari v Secretary of State for the Home Department, regarding “Chen parents” – non-EU citizens with EU citizen children who can claim derivative rights of residence so long as they are self-sufficient.

The two questions put to CJEU were whether income from employment that is unlawful under national law establish, in whole or in part, the availability of sufficient resources under Article 7(1)(b) of the Citizens Directive and if yes, can Article 7(1) be satisfied where the employment is deemed precarious solely by reason of its unlawful character?

The AG’s opinion was in favour of the AIRE centre stating that “a young child who is a Union citizen has sufficient resources not to become a burden on the social assistance system of the host Member State during his period of residence where, in circumstances such as those of the case in the main proceedings, those resources are provided from income derived from the activity unlawfully carried on in that Member State, without a residence or work permit, by the child’s father, a national of a third country.”

Read the full AG opinion here.