European Court of Justice rules on rights of non-EU parent of minor EU citizens

The European Court of Justice has ruled that a third-country national may, as the parent of a minor child who is an EU citizen, rely on a derived right of residence in the EU. The case was brought by a Venezuelan woman who had a child with a Dutch national from whom she subsequently separated. Although she was responsible for the care of the child, her applications for social assistance and child benefit were rejected by the Netherlands authorities. The ECJ stated: “The fact that the other parent, an EU citizen, could assume sole responsibility for the primary day-to-day care of the child is a relevant factor, but is not in itself a sufficient ground to refuse a residence permit. It must be determined that there is not, between the child and the third-country national parent, such a relationship of dependency that a decision to refuse a right of residence to that parent would compel the child to leave the EU.”

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