A Union citizen who has been the subject of an expulsion decision cannot enjoy a new right of residence in the territory of the host Member State until he or she has genuinely and effectively terminated his or her residence there.

(Source: Court of Justice of the EU)

Such an expulsion decision cannot be deemed to have been complied with in full merely because that Union citizen has physically left that territory within the period prescribed in that decision for his or her voluntary departure.

By decision of 1 June 2018, the Staatssecretaris van Justitie en Veiligheid (State Secretary for Justice and Security, Netherlands; ‘the State Secretary’) found that FS, a Polish national, was residing illegally in the territory of the Netherlands on the ground that he no longer satisfied the conditions laid down in Article7 of Directive 2004/38, relating to the right of residence for more than three months, and ordered him to leave the territory of the Netherlands. By decision of 25 September 2018 (‘the expulsion decision’), the State Secretary declared unfounded the objection which FS had lodged against the previous decision. He set a period of four weeks for voluntary departure, expiring on 23 October 2018, beyond which FS could be expelled on the ground that he was illegally resident.

Full Press Release – 111/2021 : 22 June 2021 – Judgment of the Court of Justice in Case C-719/19

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