Luxembourg, 10/06/2002 (Agence Europe) - The Advocate General has passed down his conclusions in the Nani Givane case, name of the Indian wife of a Portuguese national who died in the United Kingdom. Siegbert Alber went for a broad interpretation of an EU regulation which, according to him, must allow the wife and three children, also of Indian nationality, to remain in the United Kingdom. Should the Court follow these conclusions, the Givanes would be able to remain in the United Kingdom for an unlimited amount of time. If not, it would agree with the Secretary of State for the Home Department. The latter refuses the whole family a living permit for an undetermined amount of time.
For the British authorities, Rana Givane should have lived in the United Kingdom continuously for two years immediately preceding his death, in November 1997. Yet, Mr. Givane had only returned 21 months from a trip of close to one year in India at the end of which he brought his wife and children to Europe. For the advocate General, these two years of continuous residence demanded by European legislation may be calculated from any time in the past. Rama Givane had been in the
United Kingdom since 1992. He worked there as a kitchen chef, with a residence permit issued to European Union nationals.
The European Commission considers, give the European legislation, and given the fact that the Givanes had not lived with Mr. Givane between 1992 and 1996, that they must be refused a right of residence.
EP plenary session