Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 01/16/2014

Subject: The Court affirmed first, that a third-country national, who is a family member of a Union citizen who has exercised his right of free movement and residence, may only count the periods which he has spent with that citizen for the purposes of the acquisition of a right of permanent residence. As a consequence, the periods during which he has not resided with that citizen because of his imprisonment in the host Member State may not be taken into account for that purpose. Moreover, the Court affirmed that the continuity of residence of five years is interrupted by periods of imprisonment in the host Member State. As a consequence, the periods which precede and follow the periods of imprisonment may not be added up to reach the minimum period of five years required for the acquisition of a permanent residence permit.

Parties: Nnamdi Onuekwere

Classification: Citizens’ rights - Art. 45 Freedom of residence

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