Department of Law

Who cares? Caregivers’ derived residence rights from children in EU free movement law

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Under EU free movement law, caregivers may derive a right to reside from a child who is enjoying rights granted under Union law. This article puts three different legal routes to such derived residence rights next to one another, as interpreted and applied in judgments from Baumbast and R. to K.A., to determine their commonalities, divergences, and potential conflicts. The article exposes how recent legal developments have put into question the relevance of the legal basis for derived residence rights of children and their primary caregivers in Article 10 of the Workers Regulation 492/2011, while expanding the scope of application of Article 20 TFEU; prompting a need for further clarification in this area of Union law.
Original languageEnglish
JournalCommon Market Law Review
Volume57
Issue2
Pages (from-to)399-432
ISSN0165-0750
Publication statusPublished - Apr 2020

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