Onuekwere v Secretary of State For The Home Department: ECJ 16 Jan 2014

ECJ Request for a preliminary ruling – Directive 2004/38/EC – Article 16(2) and (3) – Right of permanent residence of third-country nationals who are family members of a Union citizen – Taking into consideration of periods of imprisonment of those nationals
Held: Periods of imprisonment could not be taken into account for the purpose of calculating the length of the claimant’s residence in the UK, and interrupted the continuity of such residence.


R. Silva de Lapuerta (Rapporteur), P


[2014] EUECJ C-378/12, [2014] Imm AR 551, [2014] WLR(D) 7, [2014] 2 CMLR 46, [2014] 1 WLR 2420, ECLI:EU:C:2014:13, [2014] CEC 1007, [2014] INLR 613, [2014] WLR(D) 7


Bailii, WLRD


Directive 2004/38/EC 16(2)




OpinionOnuekwere v Secretary of State For The Home Department ECJ 3-Oct-2013
ECJ Opinion – Right of Union citizens to move and reside freely within the territory of the Member States – Directive 2004/38/EC – Article 16 – Continuity of residence required in order to acquire the right of . .
ReferenceOnuekwere (Imprisonment – Residence) Nigeria UTIAC 3-Aug-2012
Order for reference to European Court of Justice . .

Cited by:

CitedSecretary of State for The Home Department v Vomero (Italy) SC 27-Jul-2016
The respondent an Italian national had come to the UK, and married an English wife and making a family here. After the marriage broke down he committed a manslaughter, and on his release it was decided that he should be deported. He successfully . .
CitedSecretary of State for The Home Department v Vomero (Italy) SC 24-Jul-2019
V, Italian, lived in the UK since 1985. On the breakdown of his marriage he moved in with a Mr Mitchell who he later killed. On release from his sentence for manslaughter, the Appellant decided to deport him. The Court of Appeal rejected the . .
Lists of cited by and citing cases may be incomplete.


Updated: 17 April 2022; Ref: scu.536567