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Northern Ireland – United Kingdom – Republic of Ireland – Divergent development of Irish and British nationality law – Citizenship of the European Union – Good Friday Agreement – Brexit – Emma DeSouza – Family unity as a source of constitutional conflict – Reverse discrimination – Cross-border equality as a means of representation reinforcement – Richard Plender
Read carefully: A Community national leaves his or her home state (the ‘first country’) to work in a host member state (the ‘second country’). While in the second country, he or she exercises the right to family reunification with a spouse, partner or dependent who is not a national of any EU or EEA member state (a ‘third-country’ national). When the Community national returns to the first country together with the family member, what determines the family member's right of residence in the first country? Community law – in which case the Community national would continue to enjoy the right of family reunification as before? Or the national immigration law of the first country, which could potentially dictate more restrictive conditions for family reunification?
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