WORKSHOP ACTIVITIES 5
Question 1
James met and married his wife, Anastasia, a Honduran national, while on holiday in
Barbados. The French authorities have informed him that Anastasia cannot enter
France unless she signs a form saying she will leave the country within three months
and will not work during her stay.
(a) Explain whether Anastasia has any grounds under EU Law to challenge
the requirement to sign the form. Consider in particular the following
issues:
(i) her right of entry, including the formalities she has to comply with
to gain entry;
(ii) her right of residence; and
(iii) her right to work in France.
(b)(i) Explain how Anastasia’s rights would be affected if she and James
separated, but both remained in France.
(b)(ii) Explain how, if at all, your answer to (b)(i) would differ if they separated
and James returned to Ireland, leaving Anastasia in France.
(b)(iii) Explain how, if at all, your answer to (b)(ii) would differ if James returned
to Ireland after he and Anastasia had lived in France for six years.
(c) Explain whether Anastasia would have the right of residence in France if
she and James were not married, but had lived together for two years.
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