A recent ruling by the Court of Justice of the European Union (CJUE) has clarified the conditions under which a third-country national parent of an EU citizen can claim a derived right of residence in the host member state. The court’s decision addresses the issue of proving the dependency link between the parent and the EU citizen, particularly when there is a significant time gap between their arrival in the host country and their application for a residence permit.
Key Points
- Proof of Dependency
- The CJUE ruled that to establish the derived right of residence, the third-country national parent must provide evidence that they were dependent on the EU citizen in their country of origin at the time they left.
- Additionally, they must prove that they are still dependent on the EU citizen at the time of applying for the residence permit. This dual requirement acknowledges situations where several years may have passed between the parent’s arrival and the application.
- Assessment of Dependency
- When assessing the dependency status, the national authorities must consider the parent’s situation in their country of origin when they left and their current situation in the host member state at the time of the residence permit application.
- This ensures that the parent genuinely needs support and is not abusing the system.
- Acceptable Evidence
- The CJUE has stated that the proof of dependency can be provided by any appropriate means.
- This includes documents from the past that demonstrate the existence of dependency in the country of origin at the time of arrival in the host member state.
- Crucially, these documents cannot be considered too old to be admitted as evidence.
Implications of the Ruling
This ruling has significant implications for third-country nationals seeking to reside in an EU member state as dependent parents of EU citizens. It provides a degree of flexibility in the evidence that can be presented and acknowledges the realities of situations where there are long gaps between arrival and residence applications.
Practical Advice for Applicants
- Gather comprehensive evidence of dependency, both from the country of origin and the current situation in the host member state.
- Do not assume that older documents will be inadmissible.
- Be prepared to clearly demonstrate the ongoing need for support.
Conclusion
The CJUE’s clarification is a welcome development for families navigating EU free movement law. It balances the need to prevent abuse of the system with the protection of the rights of dependent family members to join EU citizens in other member states.
LexCase, Immigration, residency, France, Legal & Immigration advisors, Members of the Bar (Paris, Lyon, Marseille — France)
