European Law Update: Singh and Others v Minister for Justice and Equality (Directive 2004/38/EC) Case C-218/14, Opinion of AG Ko

The full opinion can be read here.

Opinion of AG Kokott as to two questions that had been referred for preliminary ruling.

(1) Under Directive 2004/38, a third-country national loses his right of residence in the host Member State if the EEA citizen married to him departs from the host Member State. That is so even if, at the time of the EEA citizen’s departure, the marriage had lasted at least three years (including one year in the host State) and was dissolved by decree absolute only after the EEA national spouse had departed to another Member State. The date on which the non-EEA national loses his right of residence is the date that his EEA spouse leaves the host Member State, not the date on which the divorce is finalised by decree absolute.

(2) The resources of the non-EEA national spouse must be taken into account, if they were lawfully acquired, in determining whether the EEA citizen has at her disposal sufficient resources within the meaning of Articles 7(1)(b) and 8(4) of Directive 2004/38.

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