Tuesday, May 19, 2009

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RIGHT TO STAY note Cesira Hough Taken from http://www.altalex.com/

The European Court of Justice with the decision of September 25, 2008, No. C-453/07 stated in terms of family reunification, the child extra permitted to enter the territory of a Member State that has acquired the right of free access to any work, we lose the right to stay in the territory of that state once they come of age.
Following the Association Agreement between the European Economic Community and Turkey under Article. 7, first paragraph, of Decision No 1 / 180 of the Association Council, the non-exercise of gainful employment does not necessarily mean the loss of acquired rights, namely the right of residence granted to the son of a worker turkish.
Family members authorized to reach an employee turkish inserted into the labor force, has art. 7 of Decision No 1 / 180, have the right to respond, subject to the priority to workers of Member Members of the Community, to any offer of employment after they have been legally resident for at least three years. Enjoy free access to any paid employment of their choice have been legally resident for at least five years. The children of Turkish workers who have completed vocational training in the host country may respond to any offer of employment in that Member State.
As the law of the ECJ, the restrictions to the rights that Article. 7, first paragraph, of Decision No 1 / 180 of family members of Turkish workers who fulfill the conditions, can only be of two types, the presence of turkish migrants in the host territory of the State member has, because of his conduct, a genuine and serious threat to public order, safety or public health under Article. 14, No 1, of that decision, or because the person concerned has left the territory of that State for a significant length of time without legitimate reason.
(American Lawyer, May 19, 2009. Note Cesira Cruciani )

Adapted from http://www.altalex.com/index.php?idnot=46081

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