Kaba v Secretary of State for the Home Department Case C-356/98: ECJ 19 Apr 2000

UK rules required that a wife of a migrant European worker must be resident for four years before applying for indefinite leave to remain, but a spouse of a person settled in the UK need only be resident for one year. There was no discrimination contrary to European Law which prevented rules restricting the free movement of workers. The right sought by the application went beyond the rights protected by the EU Treaty. The residential rights of migrant workers are not unconditional.


Times 19-Apr-2000


Council Regulation (EEC) No 1612/68 on freedom of movement for community workers, article 7(2), ECTreaty Article 234



Immigration, European

Updated: 05 May 2022; Ref: scu.82661