Case C-529/11: Reference for a preliminary ruling from Upper Tribunal (Immigration and Asylum Chamber) London (United Kingdom) made on 17 September 2011 — Olaitan Ajoke Alarape, Olukayode Azeez Tijani v Secretary of State for the Home Department
Date: 2011-09-17
Institutions: Court of Justice
Subjects: access to education, family relationship, foreign national, free movement of persons, residence permit








C_2011370EN.01001901.xml










17.12.2011   


EN


Official Journal of the European Union


C 370/19





Reference for a preliminary ruling from Upper Tribunal (Immigration and Asylum Chamber) London (United Kingdom) made on 17 September 2011 — Olaitan Ajoke Alarape, Olukayode Azeez Tijani v Secretary of State for the Home Department
(Case C-529/11)
2011/C 370/31
Language of the case: English

Referring court

Upper Tribunal (Immigration and Asylum Chamber) London

Parties to the main proceedings


Applicants: Olaitan Ajoke Alarape, Olukayode Azeez Tijani

Defendant: Secretary of State for the Home Department

Questions referred







1.


For a parent to qualify as a ‘primary carer’ so as to derive a right of residence from a child, over 21 exercising a right of access to education under Article 12 Regulation No 1612/68 [see now Article 10 Regulation (EU) No 492/2011 (1)], is it necessary for that child to be (i) dependent on such a parent; (ii) residing in that parent's household; and (iii) receiving emotional support from that parent?










2.


If in order to qualify for such a derived right of residence it is unnecessary for a parent to show that all three of the above circumstances obtain, is it sufficient to show that only one obtains or that only two obtain?










3.


In relation to (ii) above, can there continue to be residence on the part of an adult student child in a common household with his parent(s) even when the former is living away from home for the duration of his studies (save for holidays and occasional weekends)?










4.


In relation to (iii) above, is it necessary for the emotional support provided by the parent to be of a particular quality (viz. close or physically proximate) or is it sufficient if it consists in a normal emotional tie between a parent and an adult child?










5.


Where a person has held an EU right of residence under Article 12 of Regulation No. 1612/68 [see now Article 10 Regulation (EU) No. 492/2011] for a continuous period of more than five years, does such residence qualify for the purposes of acquiring aright of permanent residence under Chapter IV of Directive 2004/38/EC (2) (the Citizens Directive) on ‘Right of Permanent Residence’) and being issued with a residence card under Article 19 of the same Directive?






(1)  Regulation (EU) No 492/2011 of the European Parliament and of the Council of 5 April 2011 on freedom of movement for workers within the Union
OJ L 141, p. 1

(2)  Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC
OJ L 158, p. 77