December 2012 Right to Reside and Extended Family Members

02/12/2012
The case arose following applications for European Economic Area (EEA) family permits from claimants coming from Bangladesh to join a Bangladeshi relative who had married an Irish national working in the UK. 

The permits were refused on the basis that the claimants had not demonstrated dependence on the EU national in Bangladesh.  The court held that EU member states were not required to grant every application for entry or residence.  States have a wide discretion on setting criteria for such people.  The Court also held that for a right to reside in circumstances such as these, the situation of dependence must exist in the country from which the family member concerned comes at the time the application is made (Secretary of State for the Home Department v Rahman C-83/11).

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