|Author (Corporate)||Court of Justice of the European Union|
Request presented to the Court of Justice of the European Union relating to the interpretation of Article 49 EC and Council Directive 73/148/EEC on the abolition of restrictions on movement and residence within the Community for national of Member States with regard to establishment and the provision of services.
In December 1999, the United Kingdom's Immigration Appeal Tribunal referred to the Court of Justice for a preliminary ruling on the interpretation of Article 49 EC and Council Directive 73/148/EEC on the abolition of restrictions on movement and residence within the Community for national of Member States with regard to establishment and the provision of services. The question was raised in proceedings between Mary Carpenter, a national of the Philippines, and the Secretary of State for the Home Department concerning her right to reside in the United Kingdom.
Ms Carpenter was given leave in 1994 to enter the United Kingdom as a visitor for six months. She overstayed that leave without seeking an extension and, in May 1996, married a UK national. Mr Carpenter runs a business of which a significant proportion is conducted with costumers established in other EU Member States. Mr Carpenter travels to those Member States for the purposes of his business. In July 1996, Ms Carpenter applied to the Secretary of State for leave to remain as the spouse of a United Kingdom national. The Secretary of State refused the application, and decided to make a deportation order against her because she had overstayed her original leave to enter.
The Court of Justice made it clear in July 2002 that a national of a Member State established in that State, who carries on a cross-border business providing services, may rely on Community law for the purpose of enabling his spouse, who is a national of a third country, to obtain a right to reside in that State.
|Subject Tags||Court of Justice of the European Union [CJEU], Migration | Immigration|
|Keywords||CJEU Judgements, Family Reunification, Free Movement of Services
|Countries / Regions||United Kingdom|
|International Organisations||European Union [EU]|