Case C-218/14: Judgment of the Court (Grand Chamber) of 16 July 2015 (request for a preliminary ruling from the High Court of Ireland — Ireland) — Kuldip Singh, Denzel Njume, Khaled Aly v Minister for Justice and Equality (Reference for a preliminary ruling — Directive 2004/38/EC — Article 13(2)(a) — Right of residence of family members of a Union citizen — Marriage between a Union citizen and a third-country national — Retention of the right of residence of a third-country national after the departure of the Union citizen from the host Member State, followed by divorce — Article 7(1)(b) — Sufficient resources — Taking into account the resources of the spouse who is a third-country national — Right of third-country nationals to work in the host Member State in order to contribute to obtaining sufficient resources)
Date: 2015-07-16
Institutions: Court of Justice
Subjects: EU national, divorce, family migration, foreign national, freedom of movement, mixed marriage, residence permit








C_2015302EN.01000901.xml










14.9.2015   


EN


Official Journal of the European Union


C 302/9





Judgment of the Court (Grand Chamber) of 16 July 2015 (request for a preliminary ruling from the High Court of Ireland — Ireland) — Kuldip Singh, Denzel Njume, Khaled Aly v Minister for Justice and Equality
(Case C-218/14) (1)

((Reference for a preliminary ruling - Directive 2004/38/EC - Article 13(2)(a) - Right of residence of family members of a Union citizen - Marriage between a Union citizen and a third-country national - Retention of the right of residence of a third-country national after the departure of the Union citizen from the host Member State, followed by divorce - Article 7(1)(b) - Sufficient resources - Taking into account the resources of the spouse who is a third-country national - Right of third-country nationals to work in the host Member State in order to contribute to obtaining sufficient resources))
(2015/C 302/11)
Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings


Applicants: Kuldip Singh, Denzel Njume, Khaled Aly

Defendant: Minister for Justice and Equality

Intervener: Immigrant Council of Ireland

Operative part of the judgment







1.


Article 13(2) of 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 must be interpreted as meaning that a third-country national, divorced from an Union citizen, whose marriage lasted for at least three years before the commencement of divorce proceedings, including at least one year in the host Member State, cannot retain a right of residence in that Member State on the basis of that provision where the commencement of the divorce proceedings is preceded by the departure from that Member State of the spouse who is an Union citizen.










2.


Article 7(1)(b) of Directive 2004/38 must be interpreted as meaning that an Union citizen has sufficient resources for himself and his family members not to become a burden on the social assistance system of the host Member State during his period of residence even where those resources derive in part from those of his spouse who is a third-country national.






(1)  OJ C 223, 14.7.2014.