Alarape and another v Secretary of State for the Home Department (Case C-529/11); [2013] WLR (D) 168
“The parent of a child who had attained the age of majority and who had obtained access to education on the basis of article 12 of Council Regulation (EEC) No 1612/68 (as amended by Parliament and Council Directive 2004/38/EC) could continue to have a derived right of residence under that article if the child remained in need of the presence and care of that parent in order to be able to continue and to complete his or her education, which was for the referring court to assess, taking into account all the circumstances of the case before it. Periods of residence in a host member state which were completed by family members of a Union citizen who were not nationals of a member state solely on the basis of article 12 of Regulation (EEC) No 1612/68 could not be taken into consideration for the purposes of acquisition by those family members of a right of permanent residence.”
WLR Daily, 8th May 2013
Source: www.iclr.co.uk
