Judgment in ECJ Case C-133/15 H.C. Chavez-Vilchez and Others v Raad van bestuur van de Sociale verzekeringsbank and Others

The European Court of Justice gave its judgement in Case C-133/15 H.C. Chavez-Vilchez and Others v Raad van bestuur van de Sociale verzekeringsbank and Others on the 10 May 2017.

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 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.

Blog: EU Law Analysis, 10.05.17: Think of the children: the ECJ clarifies the status of non-EU parents of EU citizen children living in their own Member State http://eulawanalysis.blogspot.co.uk/2017/05/think-of-children-ecj-clarifies-status.html

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