Question
Consider the following events all of which have taken place in Swedemark, an EU Member State: (a) Annie, a national of Veneguay, a South American
Consider the following events all of which have taken place in Swedemark, an EU Member State:
(a) Annie, a national of Veneguay, a South American country, has been residing in Swedemark without a residence permit since her application for asylum was rejected in 2010. Swedemark did not actively pursue deportation and, in the meantime, Annie gave birth to two daughters, Bella and Christina, now aged four and two. Bella and Christina have the nationality of Swedemark. Annie has been refused a residence and work permit in Swedemark and now faces having to return to Veneguay with Bella and Christina as she is no longer able to support them as a lone parent in Swedemark. Annie is considering applying for a visa to move with her daughters to the neighbouring EU Member State of Denland but is worried that her request will be refused.
Advise Annie regarding her rights and those of her daughters under EU law.
(b) Erik is a national of Polonia, which has been an EU Member State since 2014. He arrived in Swedemark in October 2010 as a work seeker but has only worked intermittently and has relied on social assistance when he has been out of work. On several occasions he has returned to his apartment in Denland for stays not exceeding four months in any one year. The authorities in Swedemark have just discovered that Erik, who needs a major operation, has never had health insurance cover in Swedemark. Swedemark is now seeking to deport Erik on the grounds that he has not met the conditions for the right of residence.
Advise Erik regarding his rights under EU law.
(c) Apollo is a citizen of Cetany, an EU Member State. In December 2019, he moved to Swedemark to start a career as an architect. He has registered with employment agencies and has two interviews already scheduled. Apollo has sufficient amount of funds to sustain himself for two years in Swedermark. He also has health insurance from Cetany. In May 2020, Apollo attended the local municipality where he must register with the authorities. His registration certificate is denied on the basis that his medical insurance does not cover dental treatment.
Advise Apollo regarding his rights under EU law.
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