CELEX: 62011CA0529
Language: en
Date: 2013-05-08 00:00:00
Title: Case C-529/11: Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London — United Kingdom) — Olaitan Ajoke Alarape, Olukayode Azeez Tijani v Secretary of State for the Home Department (Freedom of movement for persons — Regulation (EEC) No 1612/68 — Article 12 — Divorced spouse of a national of a Member State who has worked in another Member State — Adult child pursuing his studies in the host Member State — Right of residence of parent who is national of a non-Member State — Directive 2004/38/EC — Articles 16 to 18 — Right of permanent residence of family members of a Union citizen who are not nationals of a Member State — Legal residence — Residence based on Article 12 above)

3.8.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 225/13
            
         Judgment of the Court (Second Chamber) of 8 May 2013 (request for a preliminary ruling from the Upper Tribunal (Immigration and Asylum Chamber) London — United Kingdom) — Olaitan Ajoke Alarape, Olukayode Azeez Tijani v Secretary of State for the Home Department
   (Case C-529/11) (1)
   
   (Freedom of movement for persons - Regulation (EEC) No 1612/68 - Article 12 - Divorced spouse of a national of a Member State who has worked in another Member State - Adult child pursuing his studies in the host Member State - Right of residence of parent who is national of a non-Member State - Directive 2004/38/EC - Articles 16 to 18 - Right of permanent residence of family members of a Union citizen who are not nationals of a Member State - Legal residence - Residence based on Article 12 above)
   2013/C 225/20
   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
   
      Intervening party: AIRE Centre
   
      Re:
   
   Request for a preliminary ruling — Upper Tribunal (Immigration and Asylum Chamber) London — Interpretation of Article 12 of Council Regulation (EEC) No 1612/68 of 15 October 1968 on freedom of movement for workers within the Community (OJ 1968 L 257, p. 2) — Right of residence, following her divorce from a national of another Member State having exercised his right to free movement, of a national of a non-Member State responsible for care of her child, the latter being more than 21 years old and studying in the host Member State — Meaning of ‘parent who is primary carer for a child’ — Criteria for assessment
   
      Operative part of the judgment
   
   
               1.
            
            
               The parent of a child who has attained the age of majority and who has obtained access to education on the basis of Article 12 of Regulation (EEC) No 1612/68 of the Council of 15 October 1968 on freedom of movement for workers within the Community, as amended by Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004, may continue to have a derived right of residence under that article if that child remains in need of the presence and care of that parent in order to be able to continue and to complete his or her education, which it is for the referring court to assess, taking into account all the circumstances of the case before it;
            
         
               2.
            
            
               Periods of residence in a host Member State which are completed by family members of a Union citizen who are not nationals of a Member State solely on the basis of Article 12 of Regulation No 1612/68, as amended by Directive 2004/38, where the conditions laid down for entitlement to a right of residence under that directive are not satisfied, may not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence under that directive.
            
         
      (1)  OJ C 370, 17.12.2011.