George’s scenario concerns rights
of residence under the Citizens Rights Directive and administrative formalities
for family members who are not nationals of a Member State. This involves George’s
reliance on his rights as a worker under the Citizens Rights Directive on the
basis of a cross borders employment contract between the UK and Republic of
Ireland. In this scenario, Hiba is recognised as a secondary beneficiary to George’s
“worker’s rights” as his “spouse” for the purposes of Article 1(b)(a) of the
Citizens Rights Directive 2004. Resultantly, Article 7(2) of the Citizens
Rights Directive 2004, provides for the right of residence for TCN family
members of the primary beneficiary. Thusly, in accordance with Paragraph 1(d)
of Article 7, Hiba has the right of residence for more than three months on the
territory of a Member State for the purposes of accompanying or joining a Union
citizen “worker” for the purposes of Article 7(1)(b). Pursuant to the
fulfilment of administrative formalities contained within Articles 9 and 10 of
the Citizens Rights Directive, as a non-EU family member, Hiba must then apply
and receive a residence card within three months of her date of arrival;
provided she fulfils the required obligations and documentation necessitated
for the successful completion of a residence card application. The residence
card provided for by Article 10(1) shall then be valid for five years from the
date of issue and allow Hiba to reside with George in Northern Ireland. Formerly,
in accordance with Akrich C 109/01, in order to benefit as a secondary
beneficiary to the Citizens Rights Directive 2004; “a national of a non-Member
State married to a citizen of the Union must be lawfully resident in a Member
State when he or she moves to another Member State to which the citizen of the
Union is migrating or has migrated”. However, this position has since been
reversed by the decision in C-127/08 Metock whereby the Court determined that
the Directive does not make its application conditional on the beneficiaries having
previously resided in a Member State. As a result, non-EU nationals; who are
spouses of a Union citizen, may enjoy rights conferred by the Citizens Rights
Directive irrespective of how they entered the host Member State. 


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