Union citizens who
claim family reunification rights against their home Member State based on the
exercise of freedom of movement under Article 21(1) Treaty on the Functioning
of the European Union (TFEU) might be suspected of abuse of Union law. The
concept of genuine residence, introduced in the Court of Justice of the
European Union (CJEU) judgment C-456/12 O. and B. may, together with time,
serve to rebut such accusations and affirm the accompanying family member’s
right to derive a right of residence from the Union citizen in the latter’s
home Member State. The article analyses the CJEU judgments in Case C-456/12 O.
and B., Case C-165/16, Lounes, and Case C-230/17, Deha Altiner and Ravn to
assess the various ways that temporal factors inform the understanding of what
constitutes a created, strengthened or continuous family life, as well as the
relevance of the timing in establishing a family relationship. The analysis
finds that fixed normative time limits might well serve a function to avert
abuse of rights, but risks blurring the reality of family life and the actual
need for protection of residence rights of family members to Union citizens in
free movement situations.