In a recent decision dated 22.02.2021, the Higher Administrative Court of Lower Saxony clarified that the child of an EU citizen who is employed here or has been employed here in the past has their own right of residence under Art. 10 para. 1 Regulation (EU) No. 492/2011 (Regulation on the free movement of workers) if they are attending school or training here. According to the case law of the European Court of Justice (ECJ), the parents of such a child may remain in Germany regardless of whether they continue to be employed.

(see Lower Administrative Court, decision of 22.02.2021 – 13 ME 572/20 -, AuAS 6/21, p. 62)