“In circumstances where a third country national husband had married another third country national lawfully resident in the European Union and where the first child, an EU citizen, was a child of the wife’s former marriage to an EU citizen and the second child was a child of their own marriage, a member state could refuse to grant the third country national husband a residence permit on the basis of family reunification where he sought to derive the right of residence from his wife’s first child on the basis of the child’s enjoyment of EU citizenship pursuant to article 20FEU of the FEU Treaty. In those circumstances, however, Council Directive 2003/86/EC on the right to family reunification could apply.”
WLR Daily, 6th December 2012
Source: www.iclr.co.uk
