Derivative Residence Card and unlawful income

An Albanian national applied to the SSHD for a derivative residence card as the primary carer of her EU citizen (Irish) self-sufficient child. The family were reliant on the unlawful income of Mr Bajratari in the UK. The question before the CJEU was whether income from employment that is unlawful under national law establishes, in whole or in part, the availability of sufficient resources under Article 7(1)(b) of Directive 2004/38/EC (the Citizens’ Directive)? The CJEU held that Article 7(1)(b):

‘must be interpreted as meaning that a Union citizen minor has sufficient resources not to become an unreasonable burden on the social assistance system of the host Member State during his period of residence, despite his resources being derived from income obtained from the unlawful employment of his father, a third-country national without a residence card and work permit.’

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