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Parent providing care for a child of a migrant worker who pursues her studies in the host Member State has a right of residence in that State


Case C-480/08 Maria Teixeira v. London Borough of Lambeth

The EU Regulation on the free movement of workers was amended by the free movement Directive (2004/38). In Teixeira the main question was whether or not the Directive had materially amended the EU Regulation so that despite the fact that Mrs Teixeira's child Patricia wished to study in England, Mrs Texeira (who conceded she had no separate right of residence) could - even as primary carer - no longer claim a right of residence deriving from Patricia's residence entitlement as she could have done under ECJ case-law prior to the coming into force of the Directive.

The ECJ held in Mrs Teixeira's favour ruling that the Directive had not amended Article 12 of the Regulation and that even if she were an economic burden on the State Mrs Teixeira had a right to reside in the United Kingdom stemming from her daughter's rights.

The judgment is here.

Richard Gordon QC appeared for Mrs Teixeira.