In the judgment, the court provides guidance on how the assessment should be carried out when someone who has reached the age of 18 applies for an extension of a residence permit, after previously having had a residence permit as a child of a parent.
A crucial question is whether there is a so-called special dependency relationship between the person and their relatives. For this to exist, something more is required in addition to the natural ties that exist.
"There must be additional factors that mean that the relatives cannot live apart from each other. This is evident from previous practice of both the Migration Court of Appeal and the European Court of Justice," says Elisabet Reimers, a member of the Court of Appeal and the presiding judge in the case, in a comment.
If such a relationship is not considered to exist, a residence permit can be granted in exceptional situations if there are other particularly distressing circumstances. For example, the fact that there are practical difficulties and that the person states that they have no place to live in the country, as in the current case, is not enough.
"The situation can look very different for young adults who, in similar cases, apply for an extended residence permit. It must be assessed in each individual case whether there is a special dependency relationship within the meaning of the law or whether there are other circumstances in the person's life situation that constitute sufficient grounds for a residence permit," says Reimers.
