Judgement in O and B –v- Minister Voor Immigratie

On 12th March 2014 the Court of Justice case of the European Union gave judgement in O and B –v- Minister Voor Immigratie a reference from Holland on the Surinder Singh powers. The Court held that all EU citizens who reside in other member states exercising their rights under European Law are entitled to have their family members join them in their home state on return. This is helpful in that many had thought that this case applied to workers and self employed only. The period of residence for just over three months is required and the person’s family life must be created or strengthened during that period. The Court cautioned that these rules can be abused where there is an intention artificially to create a situation to take advantage of the Rules. The Judgement does cast doubt on the lawfulness of January’s changes to the Immigration (European Economic Area) Regulations 2006 on Surinder Singh cases.