The withdrawal of the residence permits of family members on the basis of fraud committed by the sponsor

This project concerns preliminary questions which were referred to the Court of Justice by the Administrative Jurisdiction Division of the Council of State (AJD) on 20 September 2017. The case concerned of a family, of which the father had obtained a residence permit in order to work in the Netherlands. The mother and son had obtained a residence permit for family reunification and, afterwards, as long term residents. When the State Secretary found out that the father had committed fraud in order to receive a residence permit, he withdrew the residence permits of the whole family. The AJD asks the Court of Justice whether the Family Reunification Directive and the Long Term Residents Directive allow the State Secretary to withdraw the residence permits of the mother and son, taking into account that they were not aware that the father had committed fraud. The expert opinion addresses amongst others the acquirement of stronger rights after a lapse of time and the meaning of the terms ‘fraud’ and ‘withdrawal’.

The case is currently pending before the Court of Justice (Case C-557/17). On 5 July 2018 the CJEU will hold a hearing in this case. The expert opionion will be published after the Court has issued its judgment.