EU nationals should not face stricter residency rules if they become citizens of another member country, a legal adviser to Europe’s highest court has argued in proposals with potential Brexit implications.
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[...]An opinion from the European Court of Justice advocate-general stated that EU citizens were entitled to continue family life with their spouse in the new country. The non-binding opinion came as the court dismissed Britain’s refusal to grant residency to an Algerian who married a woman who had Spanish nationality before she took UK citizenship.
The case centres on EU citizenship rights that will feature heavily in the opening phase of the Brexit negotiation that begin next month. In anticipation of Britain’s withdrawal from the bloc, many UK citizens have taken steps to gain nationality in other EU states to protect rights they have under European law.
Yves Bot, the advocate-general, said non-EU nationals had the right to live in a member state in which an EU family member lived before that family member acquired the nationality of that country. Citing free movement rights, Mr Bot also said that EU citizens should be able to continue the family life they have led with their spouse in the member states whose nationality they have acquired.
The matter will now go forward for a binding ruling of ECJ judges. Mr Bot’s opinion can form the basis for an eventual ruling. [...]
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