STEP 3: Third country (non-EU) national rights of entry/ residence in MS as family member - Definition of family members

4 important questions on STEP 3: Third country (non-EU) national rights of entry/ residence in MS as family member - Definition of family members

Can an EU citizen bring other family members over to reside under s3(2)(a)? What is required from the family member?

Any other family members that are from the same household, i.e, Nadine and Daisy live together in England.

Can an EU citizen bring other family members over to reside under s3(2)(a)? What is required from the family member?

Any other family members that are from the same household, i.e, Nadine and Daisy live together in England.

Explain why an EU national cannot rely on direct effect for article 3(2)(a) and is this an easy condition to qualify? (Rahman).

MSs have wide discretion when determining who qualifies as 'other family members' and is therefore not precise enough to have direct effect. MSs are required to carry out an extensive examination of the circumstances in justifying any refusal.
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Explain how art. 3(2)(b) created another route for non-marital relationships in (Reed)?

Any partner with whom a Union citizen has a 'durable relationship' (together for a few years)

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