argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: family - half-European - right of residence

On 5 May 2022, the E.U. Court, in its ruling in joined cases C 451/19 and C 532/19 (Subdelegación del Gobierno en Toledo) affirmed that a relationship of dependence exists if an E.U. minor is forced to emigrate to follow the non-E.U. parent, in turn, forced to leave due to the lack of the right of residence of the other. Therefore: the E.U. Court affirmed the existence of the right of residence depending on a close relationship of kinship and cohabitation. In particular, in the present case, we are faced with a “relationship of dependence” of such a nature as to justify the granting of a “derived right of residence” to the parent (non-E.U. citizen) of a minor Union citizen if he cohabits permanently with the other parent who is a citizen of the Union. It follows that applications for family reunification cannot be rejected without examining whether there is a relationship of dependence that could force the citizen of the Union to leave the territory of the Union. Furthermore, if the citizen of the Union is a minor, if the parent lives permanently with the other parent, a citizen of the Union, of the minor, there is a relative presumption that such a dependent relationship exists. In fact, when the citizen of the minor Union lives permanently with the two parents and when, therefore, the latter share the custody of that child on a daily basis as well as the legal, emotional and financial burden of the latter, this relationship of dependency can be alleged.