Published 22-08-2022

Certain cases on family reunification on the grounds of an exceptional right to residence for third-country family members will be put on hold according to TFEU article 20

The European Court of Justice delivered a decision in a Spanish prejudicial case on 5 May 2022. The case regards situations where – according to the practice of the European Court of Justice in relation to article 20 in the Treaty on the Functioning of the European Union (TFEU) on citizenship of the Union – an exceptional right to residence must be granted to a third-country citizen.

In the case the European Court of Justice consider the question on exceptional right to residence to a third-country citizen who is the parent of a minor citizen of the Union, and where the minor child – due to a relationship of dependency to the third-country citizen – will be forced to leave the EU together with the parent unless the parent is granted the exceptional right to residence.

The decision can influence the immigration authorities’ administration of cases on family reunification of spouses to Danish citizens when the spouses have minor Danish children together and the minor children lives with both parents in Denmark.

Due to this, the Immigration Service has decided to put the processing of all cases, where the decision can be relevant, on hold for now.

Further information

Read the decision of the European Court of Justice

Read the orientation of the Danish Parliament (in Danish)

Read more about the exceptional right to residence

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