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CJEU - C-558/14 / Judgment

Khachab v Subdelegación del Gobierno en Álava

Policy area:
Asylum and migration
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Court (Fourth Chamber)
Type:
Decision
Decision date:
21/04/2016

Key facts of the case:

Reference for a preliminary ruling — Directive 2003/86/EC — Article 7(1)(c) — Family reunification — Requirements for the exercise of the right to family reunification — Stable and regular resources which are sufficient — National legislation permitting a prospective assessment of the likelihood that the sponsor will retain his resources — Compatibility

Results (sanctions) and key consequences of the case:

...the Court (Fourth Chamber) hereby rules:

Article 7(1)(c) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification must be interpreted as allowing the competent authorities of a Member State to refuse an application for family reunification on the basis of a prospective assessment of the likelihood of the sponsor retaining, or failing to retain, the necessary stable and regular resources which are sufficient to maintain himself and the members of his family, without recourse to the social assistance system of that Member State, in the year following the date of submission of that application, that assessment being based on the pattern of the sponsor’s income in the six months preceding that date.