Non-EU citizens have a possibility to stay in the bloc if their children are EU nationals, the EU’s top court has ruled. However, parents would first need to prove that the child’s welfare depends on them.
National courts must focus on the wellbeing of children when deciding on their parents’ residency, the European Court of Justice said in a Wednesday ruling.
The decision-makers should consider the “risks which separation from the (non-EU parent) might entail for that child’s equilibrium,” the judges of the Luxembourg-based court added.
Even if the other parent of the child has a EU citizenship, and is willing and able to take care of the child, this is “not in itself a sufficient ground” to deny residency to the non-EU parent.
Under the ruling, it is up to the non-EU parent to prove that the child depends on them.
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