Mike, an Irish citizen, is an unemployed drug addict who has been sentenced to jail terms repeatedly. Last
week, he decided to travel from Dublin, Ireland to Kraków, Poland to start a new life. When Polish authorities
stopped him at Kraków airport, they asked him what his employment status was. After finding out that Mike had
several criminal convictions and was currently unemployed, Mike was refused entry.
By contrast, Mike’s French cousin, Susanne, successfully entered Poland in April 2020 with her US partner,
Sam, whom she met and married in Las Vegas in December 2019. However, earlier this month, the Polish
authorities refused Sam the right to permanently reside in Germany because Susanne and Sam could not
prove they lived together in France or in any other EU Member State for three years prior to moving to Poland.
According to the Polish Authorities, this indicates beyond any doubt that their marriage is one of convenience
and not genuine.
Advise Mike and Susanne as to their rights under EU law
Sample Solution