Examine the major elements of the Treaty Provisions, related subsidiary legislation and case-law in relation to freedom of movement of workers, and the relevant ECJ jurisprudence, relating each element to the circumstances of this family. In what ways would the freedom of movement of each of these people (as workers, or as members of an EU worker’s family) be affected by these elements?
The senario is:
Adebimpe is a Nigerian woman who, because her father was English, also has a UK passport. Having qualified as a doctor in Nigeria, she went to England for post-graduate studies, and has now been offered work with a charitable foundation in Germany where she will work on improving healthcare for poor Turkish immigrants.
Bernard is her husband. He is also Nigerian-born with a mother from the Bahamas. He travels on a Nigerian passport. He is a poet, and takes primary care of their two small children, one of whom was born in the UK. He has been to the UK on extended visits while Adebimpe was studying, but now wants to live full-time with his wife when she goes to Germany. He is currently with her in the UK.
Mona, Adebimpe’s mother, lives in Nigeria. Recently Adebimpe’s father died and Mona has been suffering from serious depression ever since and has found it difficult to manage alone. The couple would like her to join them so they can support her and take care of her.
Darla is Bernard’s mother. She has lived and worked illegally in London for some time and the couple would like to help her regularise the status of her residency. As she is an excellent cook she thinks there would be opportunity for her to work in Germany if she joins the couple there. However, she does not speak any German.