Lounes v Secretary of State for the Home Department

European Union – Freedom of movement. A third-country national who: (i) had exercised his freedom of movement by moving to and residing in a member state other than that of which he was a national, under arts 7(1) or 16(1) of Directive (EC) 2004/38; (ii) had then acquired the nationality of that member state, while also retaining his nationality of origin; and (iii) several years later, had married a third-country national with whom he continued to reside in that member state, did not have a derived right of residence in the member state in question on the basis of that directive. However, the Court of Justice of the European Union held that such a third-country national was eligible for a derived right of residence under art 21(1) of the Treaty on the Functioning of the European Union.

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