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EU court rules prison time cannot count for residence permit

16 January 2014, 22:09 CET
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EU court rules prison time cannot count for residence permit

Prison Photo Bob Jagendorf

(LUXEMBOURG) - An EU court ruled Thursday that periods in prison cannot be taken into account to obtain a permanent residence permit in a member country.

The Luxembourg-based European Court of Justice had considered the case of a Nigerian, Nnamdi Onuekwere, who when applying for permanent residence in Britain argued that he had spent more than five years in the country, the minimum number of years required for the residence permit.

But the British authorities said that during those five years, Onuekwere had spent more than three of them in prison for various offences and consequently declined to give him permanent residence -- a position that the EU court agreed with.

Even though Onuekwere was married to an Irish woman, "the periods during which he has not resided with that (EU) citizen because of his imprisonment in the host Member State may not be taken into account" for permanent residence, an EU court statement said.

The court also noted that counting periods in jail would go against EU values.

"The court points out that the imposition of a prison sentence by a national court is such as to show the non-compliance by the person concerned with the values expressed by the society of the host Member State in its criminal law," the statement said.

The EU court's ruling would apply throughout the 28-nation bloc.

Judgements of the European Court of Justice in Cases C-378/12, C-400/12 - Onuekwere


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