A relationship of dependency capable of justifying the grant of a derived right of residence to the parent, who is a non-EU national, of a minor, who is a Union citizen, is presumed where that parent lives on a stable basis with the other parent, who is a Union citizen, of that minor

(Source: Court of Justice of the European Union)

That relationship of dependency exists where a minor, who is a Union citizen, is forced to leave the territory of the European Union in order to follow his or her non-EU parent who, himself or herself, is forced to leave that territory following the refusal of a derived right of residence to his or her other minor child who is a non-EU national.

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