In the case of Lassal C-162/09, the European Court of Justice has found that continuous periods of five years' residence completed before 30 April 2006 in accordance with EU legislation must be taken into account for the acquisition of a permanent right to reside. Absences of less than two consecutive years during that period will not affect that right.
Mrs Lassal was a French national who had exercised freedom of movement as both a worker and work-seeker for over 5 years in the UK before going back to spend 10 months in France. When she returned to live in the UK and claimed income support on becoming pregnant, she was refused on the ground that she had no right to reside. The ECJ noted that she had resided legally for more than 5 continuous years in the UK. They found that such residence counted towards obtaining permanent residence, notwithstanding that it occurred before the transposition date for the Citizens' Directive (30 April 2006).
Readers of the PILA bulletin may also be interested to watch out for McCarthy C-434/09, where the ECJ is being asked to decide whether a person with dual Irish and UK nationality benefits from residence rights under the Citizens' Directive and to consider what "legal residence" means under that Directive.
ECJ decisions can be found on http://curia.europa.eu/.
The Irish representative of the European Network on Freedom of Movement within the EU is hosting an all-day seminar on free movement of workers in Ireland on 5 November 2010.
It will take place at the Law Society, Blackhall Place, Dublin 2. There is no fee and refreshments are available. It will cover a variety of issues including: the free movement regime in Ireland; reverse discrimination; North/South mobility; Third-Country nationals and Accession workers.
Please register with Amanda Flanagan on +353 1 6395116 and click here for full details.