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I don't see on what basis you can claim residency in Sweden. Just having a son who is an Irish citizen is not enough. You have absolutely no connection to Sweden whatsoever. Furthermore you have absolutely zero chance of claiming asylum in Sweden especially as you have been legally living in Ireland which is considered a safe third country.dehualiu wrote:I don't like Ireland just because Life is too simple in Ireland and i have lots of friends in sweden
I think that he can, using the Chen ruling as reference. But I do not know how well Sweden has interpretted the case and transpositioned it into the laws and even if it is favourable, the parent of the EEA child would not be able to work.Dawie wrote:Just having a son who is an Irish citizen is not enough. You have absolutely no connection to Sweden whatsoever
Isn't that a great news for you as you are illegal? Wonder how the legal residents open their bank account there?It is not possible to open a bank account with legal status in sweden
In the Belgium case you mention, was it only one parent? Was that parent given the right to work? And were they given the 5 year EEA FP? What were the respective nationalities of the child and parent(s)?Prawo wrote:Cases similar to Chen are rather rare.
Usually both parents want to be with the child, including the EU national, and are thus to fail.
I know of one example in Belgium where an application succeeded, amazingly without problems.
Just go to the Swedish Immigration Board in Solna (next to Stockholm) and file the EU registration for the child and an application for yourself.
You fill out this form, tick the first position and add you are the parent of an EU citizen.
For the child you use this form where you state he is a person of adequate means.
If you need a good immigration lawyer in Sweden (it's wise to consult one), send me an e-mail or pm and I'll give you his details and telephone number.
No. The EU court isn't run or organised by the Belgian state, and doesn't make Belgium a softer country on EU rulings because of the court's location. It is just based there. All member states implement the Chen case law findings in their own ways - some countries might allow the parent to work, others might not. You need a lawyer for your application in Switzerland, or wherever you want to move to. Did you also apply for residency in Ireland?19730201 wrote:Does anybody think it is easier to apply for this kind of application in Belgium than in any other EEA member countries just because The EU Court for the Chen's ruling is in Brussels?
Your Irish child can enter any of the 26 EU member states (besides Ireland) an stay there for three months. Parents can accompany it, no further conditions for the first three months (but take the birth certificate).19730201 wrote:We are also the parents of minor Irish citizen .Our daughter was born in Ireland in 2003.Now we are in Lutzern in Switzerland with our daughter. We know we can apply for a kind of Swiss resident permit for our daughter, but because we are illegal in Switzerland we have not yet filed an application for our daughter. As for us, we don't know if the Chen's ruling by Eu court is applicable in Switzerland through EU-Swiss bilateral agreements about free movement. If we can't make that application and if we cross the border to EEA countries, does the authorities of those concerned EEA countries have the rights to detain us(including our daughter)because of our illegal status? If anybody knows the information about it ,please give advice.
He was illegal in The Netherlands before he left for Belgium.dehualiu wrote:Mr Prawo,thanks for your response.do you know what immigration status the father of the Dutch daughter is in before he got belgian resident permit?If he is illegal in Belgium,he should not allow to work. Was his income that provided the necessary financial means through illegal work ?if yes,how to prove his income ?
19730201 wrote:Does anybody think it is easier to apply for this kind of application in Belgium than in any other EEA member countries just because The EU Court for the Chen's ruling is in Brussels?
This court is based in Luxembourg.sakura wrote:No. The EU court isn't run or organised by the Belgian state, and doesn't make Belgium a softer country on EU rulings because of the court's location. It is just based there.
Well then!:roll:I'll just add "IF" to my above quotes...."if it was based in Belgium..." (which is isn't!).Prawo wrote:19730201 wrote:Does anybody think it is easier to apply for this kind of application in Belgium than in any other EEA member countries just because The EU Court for the Chen's ruling is in Brussels?This court is based in Luxembourg.sakura wrote:No. The EU court isn't run or organised by the Belgian state, and doesn't make Belgium a softer country on EU rulings because of the court's location. It is just based there.
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