CELEX: 62012CN0378
Language: en
Date: 2012-08-03 00:00:00
Title: Case C-378/12: Reference for a preliminary ruling from Upper Tribunal (Immigration and Asylum Chamber) London (United Kingdom) made on 3 August 2012 — Nnamdi Onuekwere v Secretary of State for the Home Department

29.9.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 295/25
            
         Reference for a preliminary ruling from Upper Tribunal (Immigration and Asylum Chamber) London (United Kingdom) made on 3 August 2012 — Nnamdi Onuekwere v Secretary of State for the Home Department
   (Case C-378/12)
   2012/C 295/45
   Language of the case: English
   
      Referring court
   
   Upper Tribunal (Immigration and Asylum Chamber) London
   
      Parties to the main proceedings
   
   
      Applicants: Nnamdi Onuekwere
   
      Defendants: Secretary of State for the Home Department
   
      Questions referred
   
   
               1.
            
            
               In what circumstances, if any, will a period of imprisonment constitute legal residence for the purposes of the acquisition of a permanent right of residence under Article 16 of the Citizens Directive 2004/38 (1)?
            
         
               2.
            
            
               If a period of imprisonment does not qualify as legal residence, is a person who has served a period of imprisonment permitted to aggregate periods of residence before and after his imprisonment for the purposes of calculating the period of 5 years needed to establish permanent right of residence under the Directive?
            
         
      (1)  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 (Text with EEA relevance)
   OJ L 158, p. 77