Safi, Case C-147/24, CJEU (Grand Chamber), 4 June 2026

Right of residence in the European Union of third-country national family members of EU citizens.

Art. 20 TFEU

Art. 7 Charter

Art. 24 Charter

1. Article 20 of the TFEU prevents the refusal of a residence permit to a third-country national who is the parent of a minor EU citizen, where such a refusal would compel the minor to leave the territory of the European Union “as a whole” or to move to another Member State.

2. For the exceptional grant of a residence permit to a third-country national who is a family member of an EU citizen, a relationship of dependency must exist between the two. The assessment of the existence of such relationship must be carried out independently of the minor’s relationship with the other parent and must take into account the need to ensure the continuity of the minor’s family life.

3. In addition to the best interests of the child, as enshrined in Article 24(2) of the Charter, and the right to respect for private and family life under Article 7 of the Charter, it must also be ascertained that the decision concerning the right of residence complies with the child’s right to maintain regular contact with both parents, enshrined under Article 24(3) of the Charter.