Our client – a third-country national and mother of a minor Polish citizen – is fighting for the right to reside in Poland as a family member of an EU citizen.
Relying on the case law of the Court of Justice of the European Union (including the landmark Zambrano judgment and recent rulings), we point out that refusing a parent the right to reside and work may effectively force the child – an EU citizen – to leave the territory of the Union.
In this case:
✔️ our client is the mother of a Polish citizen
✔️ she exercises shared custody and actively participates in the child’s upbringing
✔️ the child is emotionally and financially dependent on her
Additionally, we are requesting that the application be considered directly under Article 20 TFEU, emphasizing that the right of residence is directly effective and not conditional on fulfilling additional national requirements.
As confirmed by the Court of Justice of the EU in its ruling of 5 May 2022 (joined cases C-451/19 and C-532/19), Member States cannot make the granting of derived residence dependent on the possession of sufficient financial resources if a dependency relationship exists between the EU citizen and their family member.
Consequently, requiring additional documents such as:
🔹 proof of income
🔹 health insurance
– in the context of providing personal care for a minor Polish citizen – may conflict with EU law.
Refusing a residence permit would separate the family and violate the child’s fundamental rights – including the right to family life and the principle of the child’s best interests.
This case highlights the importance of:
🔹 EU citizenship rights (Art. 20 TFEU)
🔹 the direct effect of EU law
🔹 protection of family life
🔹 the principle of the child’s best interests
We continue to support our client in securing her right to reside and work in Poland.
#immigrationlaw #EUlaw #familyrights #childprotection #residencerights
