Judgment of the Court (First Chamber) of 2 October 2019 (request for a preliminary ruling from the Court of Appeal in Northern Ireland — United Kingdom) — Ermira Bajratari v Secretary of State for the Home Department

(Case C-93/18) (1)

(Reference for a preliminary ruling - Citizenship of the Union - Directive 2004/38/EC - Right of residence of a third-country national who is a direct relative in the ascending line of Union citizen minors - Article 7(1)(b) - Condition of sufficient resources - Resources formed by income from employment occupied without a residence card and work permit)

(2019/C 413/08)

Language of the case: English

Referring court

Court of Appeal in Northern Ireland

Parties to the main proceedings

Applicant: Ermira Bajratari

Defendant: Secretary of State for the Home Department

Intervener: Aire Centre

Operative part of the judgment

Article 7(1)(b) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC must be interpreted as meaning that a Union citizen minor has sufficient resources not to become an unreasonable burden on the social assistance system of the host Member State during his period of residence, despite his resources being derived from income obtained from the unlawful employment of his father, a third-country national without a residence card and work permit.

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(1)  OJ C 152, 30.4.2018.