Right of residence under Article 20 TFEU of the Primary Carer of a Minor Union Citizen: Summary of an expert opinion on issues arising from the pending case of Chavez-Vilchez and others (C-133/15)

This is an English language summary of an extensive Dutch expert opinion concerning a pending ECJ case of wide relevance - a follow up to Ruiz Zambrano and Dereci which explores some of the more complex and realistic scenarios which may arise.

That expert opinion provides a legal analysis of the issues raised by the preliminary questions referred in the pending cases of Chavez-Vilchez and Others (C-133/15).

The cases all involve a situation where a third country national mother is the primary and actual carer of a minor Union citizen. Moreover, each mother has (sole) parental authority and custody over the child. The fathers in these cases, from whom the minor Union citizens derive their Dutch nationality, are either not involved at all, or only to a very minor extent and have either no or only shared parental authority. Moreover, the fathers are unwilling and/ or unable to take over the care for the child. Nonetheless, the mother is faced with denial of any residence rights by the Dutch authorities and will therefore be under a legal obligation to leave the Netherlands and the European Union as a whole.