Ucar (Judgment) French Text [2016] EUECJ C-508/15 (21 December 2016)

Ucar (Judgment) French Text [2016] EUECJ C-508/15 (21 December 2016)

Article 7, first paragraph, first indent, of Decision No 1/80 must be interpreted as conferring a right of residence in the host Member State on a family member of a Turkish worker, authorised to enter under family reunification and who has cohabited with the worker since entry, even if the period of at least three years during which the worker belonged to the regular labour market did not immediately follow the family member's arrival but occurred later.

Citation
[2016] EUECJ C-508/15
Parties
Applicant: Sidika Ucar; Applicant: Recep Kilic; Respondent: Land Berlin
Jurisdiction
European Union
Judgment Date
21 December 2016
Procedural Posture
Preliminary Reference (joined Cases C 508/15 and C 509/15) / Judgment on Preliminary Questions
Outcome
Preliminary ruling issued; Article 7, first paragraph, first indent, Decision No 1/80 interpreted as conferring right of residence as described.
Legal Topics
Association Agreement EEC Turkey, Decision No 1/80 Article 7, Right of Residence, Family Reunification, Labour Market Access
European Union Law Immigration Law Association Agreement EEC Turkey Decision No 1/80 Article 7 Right of Residence Family Reunification Labour Market Access

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Parties

Sidika Ucar

Applicant

Recep Kilic

Applicant

Land Berlin

Respondent

Procedural Posture

Preliminary Reference (joined Cases C 508/15 and C 509/15) / Judgment on Preliminary Questions

Legal Issues

  1. 1 Interpretation of Article 7, first paragraph, Decision No 1/80: Does the right of residence for family members of a Turkish worker require the worker to have belonged to the regular labour market for the three years immediately following the family member's arrival, or can this period occur later?
  2. 2 Does extension of a residence permit equate to the initial authorisation to join the Turkish worker under Article 7, first paragraph, Decision No 1/80?

Ratio Decidendi

Article 7, first paragraph, first indent, of Decision No 1/80 must be interpreted as conferring a right of residence in the host Member State on a family member of a Turkish worker, authorised to enter under family reunification and who has cohabited with the worker since entry, even if the period of at least three years during which the worker belonged to the regular labour market did not immediately follow the family member's arrival but occurred later.

Court Disposition

Preliminary ruling issued; Article 7, first paragraph, first indent, Decision No 1/80 interpreted as conferring right of residence as described.

Orders

  • Article 7, first paragraph, first indent, Decision No 1/80 confers a right of residence on a family member of a Turkish worker, authorised to enter under family reunification and cohabiting since entry, even if the worker's three-year period of regular employment is subsequent to the family member's arrival.