HvJ EU: als EU-partner verblijfsrecht verliest, verliest afhankelijke partner dat ook

The restriction on the right of entry and the right of residence on grounds of public policy may be applied to a third-country national married to a Union citizen having exercised his right to freedom of movement who, after her spouse has returned to his Member State of origin, no longer has the right to reside in the Member State where she had lived with her spouse.

The Court ruled that, even though the effect of the loss of that status is that the person concerned no longer has the rights of movement and residence in the territory of the host Member State which that person had held for a certain period of time, as he or she no longer meets the requirements to which those rights are subject, that loss does not mean that Directive 2004/38 is no longer applicable where the host Member States takes a decision to expel that person on such a ground. Article 15 of Directive 2004/38, which is in Chapter III, entitled ‘Right of residence’, lays down the rules applicable when a temporary right of residence under the directive comes to an end, in particular where a Union citizen or one of his family members who, in the past, had a right of residence of up to 3 months, or longer than 3 months, no longer satisfies the requirements for the grant of the right of residence concerned and may therefore, in principle, be expelled by the host Member State.

The Court adds that, in accordance with Article 15(3) of Directive 2004/38, the expulsion decision that may be made in the case in the main proceedings cannot, under any circumstances, impose a ban on entry into the territory.

Court of Justice - Chenchooliah - Case C‑94/18, 10.9.19
Judgment of the Court (Grand Chamber) - Chenchooliah - Case C-94/18