Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/22/2023

Subject: According to the Court, a situation in which a minor child, a Union citizen, who has the nationality of a Member State and who, since birth, has lived outside the territory of that Member State and has never resided in the territory of the European Union, does not preclude one of his or her parents, who is a third-country national, upon whom that child is dependent, from benefiting from the derived right of residence under that article, provided that it is established that that child will enter and reside in the territory of that Member State of which he or she has the nationality together with that parent. For the purposes of assessing whether a minor child, who is a European Union citizen, is dependent on his or her third-country national parent, the Member State concerned is required to take into account all the relevant circumstances, without it being regarded as decisive either that the third-country national parent has not always assumed day-to-day care of that child but now has sole care of that child, or that the other parent, who is a Union citizen, could assume the actual day-to-day care of that child

Parties: Staatssecretaris van Justitie en Veiligheid (Mère thaïlandaise d’un enfant mineur néerlandais)

Classification: Citizens’ rights - Art. 45 Freedom of movement - Freedom of residence

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