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There is no need to apologise.see some people donot now anyway i just find in internet and it was good for every bady....we are all in almost same postion so we have to help each other not just leave comments anyway every bady have rights.....i hope bec of me some bady get help or idea ..god bless all of us.......
''In the Chen case, the UK Secretary of State of the Home Department had refused to grant a long term residence permit to either Catherine, a minor Irish child aged eight months, or her mother on the grounds that Catherine was not exercising any rights arising from the EC Treaty
as laid down in domestic UK legislation, Regulation 5 of the UK Immigration Regulations 2000.
Several questions were referred to the ECJ by way of preliminary ruling, including: -
1. Does either Directive 73/148 or 90/364 confer a right on Catherine, a minor EU citizen, to enter and reside in the host MS
2. If so, does it consequently confer a right on her mother, a third country national who is the primary care giver, to reside with Catherine as either her dependent or because she lived with Catherine in her country of origin or on any other special basis?
Opinion of Advocate General Tizzano
In May 2004, the Advocate General of the ECJ gave his opinion in the case. He found that a young child who is a national of a Member State is entitled to reside in another Member State provided that he or she is covered by sickness insurance and has sufficient resources to ensure
that, during their stay, they do not become a burden on the public finances of the host Member State. He also found that, the mother of the EU citizen must be able to invoke a right of residence deriving from that of her young child because otherwise the child’s right would be entirely deprived of effectiveness.
The opinion of the Advocate General does not bind the European Court of Justice, but it is very influential and is frequently followed by the ECJ.It is clear that EU Member States will have to recognise a right of residence asserted by parents of Irish children living outside of Ireland, subject to the limitations and conditions of EU law.