Case Study on Tom Becoming a Real Estate Agent

 

Assignment Detail:-

• Number of Words: 3000

 

Tom, a Dutch national, moved to the US in 2018 for chasing his dream: becoming a successful real estate agent in LA. Shortly after arriving, Tom met Brian while getting his morning coffee. Ever since then, they have been inseparable. After the first lockdown, they decided to get marry in California where same-sex marriage is legal. Brian is a web engineer and supports the household through his regular generous income. Tom is not as successful in real estate as he wished for and ultimately wants to go back to Europe.

 

 

He has heard that the State of Valodia, a Member State of the EU since 2004, has a rapid expending real estate market. He wants to settle there with his husband. On December 2020, upon arrival at the airport in Valodia, the Valodian border authorities deny entry and residence for Brian as he did not apply for a visa. Tom is furious and shows them their marriage certificate from California. The Valodian authorities tell Brian that Valodia does not allow same-sex marriage so that their certificate is meaningless. Furthermore, the Valodian authorities argue that their marriage was celebrated outside the EU and therefore was not valid unless there was a Valodian court decision declaring the authenticity of their certificate. In addition to that, the Valodian authorities point out that they have serious suspicion regarding the legality of the economic activity of Brian as a web engineer in the US.

They fear that Brian has been involved in a big cyber-attack on their institutions back in November 2020. Four month after his arrival in Valodia, Tom receives a decision asking him to leave the Valodian territory on the ground that he is a burden on the social assistance of the Valodian State and that he does not have sufficient resources to support himself. Tom has been busy battling with the Valodian authorities on getting Brian in Valodia with him and has not been able to start his free-lance career as a real estate agent. He has been living in a studio with the support of Brian’s savings. In fighting for Brian’s right of entry and residence in Valodia, Tom has been supported by JusticeForAll, a Valodian organization which is financed by the Valodian State and provides pro bono legal advice for anyone who does not sufficient resources for hiring a lawyer.

 

You are an intern at JusticeForAll and your boss asks you write a memo assessing the Valodian decision(s) regarding the situation of Brian, and now Tom, in light of EU law. In addition, your boss especially instructs you to think about all the legal possibilities for Brian and Tom to enter and reside in Valodia under EU law.

 

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