Facts[edit]

Mr Baumbast's Colombian family claimed their residence should be renewed by the Home Office, despite the fact that Mr Baumbast was no longer working in the EU and did not have emergency health insurance. Mr Baumbast, a German married a Colombian with two children. He worked in the UK with his family for three years, and left to work in Asia and Africa. He provided for his family, who stayed in the UK. They got German health insurance and went there to get it. The Home Office refused to renew his family's permits. The UK court found that Mr Baumbast was neither a worker nor a person covered by the Citizenship Directive 2004/38, and that sickness insurance did not cover emergency treatment in the UK. The ECJ was asked whether he had an independent right of residence as an EU citizen under TFEU art 21.


In a joined case, R were the children of an American woman and a French husband who worked in the UK. They were divorced, the children living with the mother.