Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 05/05/2022

Subject: The Court affirmed that a relationship of dependency capable of justifying the grant of a derived right of residence to the parent, who is a non-EU national, of a minor, who is a Union citizen, is presumed where that parent lives on a stable basis with the other parent, who is a Union citizen, of that minor. That relationship of dependency exists where a minor, who is a Union citizen, is forced to leave the territory of the European Union in order to follow his or her non-EU parent who, himself or herself, is forced to leave that territory following the refusal of a derived right of residence to his or her other minor child who is a non-EU national

Parties: Subdelegación del Gobierno en Toledo

Classification: Freedoms - Art. 7 Privacy - Equality - Art. 24 Children’s rights - Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

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