O and S v Maahanmuuttovirasto V L: ECJ 6 Dec 2012

ECJ Citizenship of the Union – Article 20 TFEU – Directive 2003/86/EC – Right to family reunification – Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are nationals – Permanent right of residence in that Member State of the mothers who have been granted sole custody of the Union citizens – Change in composition of the families following the mothers’ remarriage to third country nationals and the birth of children of those marriages who are also third country nationals – Applications for family reunification in the Member State of origin of the Union citizens – Refusal of the right of residence to the new spouses on the ground of lack of sufficient resources – Right to respect for family life – Taking into consideration of the children’s best interests

Judges:

A. Rosas

Citations:

C-356/11, [2012] EUECJ C-356/11, ECLI:EU:C:2012:776, [2013] 1 Fam 203, [2013] All ER (EC) 563, [2012] WLR(D) 371, [2013] 2 WLR 1093

Links:

Bailii, WLRD

Statutes:

Directive 2003/86/EC

Jurisdiction:

European

Cited by:

CitedPatel v Secretary of State for The Home Department SC 16-Dec-2019
Zambrano states that a non-member state national (‘TCN’) parent of an EU citizen child resident within the EU is entitled to
reside in the EU. This is solely to avoid the EU citizen child being deprived of the substance of their Union . .
Lists of cited by and citing cases may be incomplete.

Family

Updated: 16 May 2022; Ref: scu.467087