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EEA minor children and their parents

Immigration to European countries, don't post UK or Ireland related topics!

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ck4137
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Joined: Fri Feb 02, 2007 4:23 am

EEA minor children and their parents

Post by ck4137 » Fri Feb 09, 2007 2:31 am

We have one irish-born daughter[automatically get irish citizenship]who is four years old.we can apply to uk home office to for residency in the uk on the basis of the parentage of an EEA minor national .Can anybody tell us if we can apply for German residency in the same way?And take how long?Now we have already been in Germany[Schengen visa].

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: EEA minor children and their parents

Post by JAJ » Fri Feb 09, 2007 3:54 am

ck4137 wrote:We have one irish-born daughter[automatically get irish citizenship]who is four years old.we can apply to uk home office to for residency in the uk on the basis of the parentage of an EEA minor national
If you mean a Chen type application, then your rights are still very limited. Read chapter 8 of this document:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary

.Can anybody tell us if we can apply for German residency in the same way?And take how long?Now we have already been in Germany[Schengen visa].
Same EU ruling applies in Germany. But the Germans may take more persuasion to apply it.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Feb 09, 2007 7:48 am


draneeta
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Posts: 4
Joined: Fri Feb 02, 2007 10:11 pm

No Worries.

Post by draneeta » Sat Feb 10, 2007 1:29 am

Sometime things are very simple, but can be very difficult if we don't know.

According to EU Law, your child (daughter) can live any where in EU for Work and Studies. In your case your daughter is 4 years old, it means she is eligible to go for school, she can join any school in EU, and according to law you can apply for Family Permit (Free of Charge) to that country where she is going for studies.

JAJ
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Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Re: No Worries.

Post by JAJ » Sat Feb 10, 2007 2:12 am

draneeta wrote: According to EU Law, your child (daughter) can live any where in EU for Work and Studies. In your case your daughter is 4 years old, it means she is eligible to go for school, she can join any school in EU, and according to law you can apply for Family Permit (Free of Charge) to that country where she is going for studies.
But that does not give the parents the right to work in that country, apparently.

draneeta
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Plz check UK home office & EU websites

Post by draneeta » Sun Feb 11, 2007 1:52 am

Plz check UK home office & EU websites, rules are already described there in detail.

You will have a right to live and work freely.

Also don't follow Mrs.Chen, according to law n court ruling she can live n do business in UK or EU member states, but she don't have permission of work.

JAJ
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Australia

Re: Plz check UK home office & EU websites

Post by JAJ » Sun Feb 11, 2007 4:51 am

draneeta wrote:Plz check UK home office & EU websites, rules are already described there in detail.

You will have a right to live and work freely.
On what basis?

Also don't follow Mrs.Chen, according to law n court ruling she can live n do business in UK or EU member states, but she don't have permission of work.
The Chen ruling is the only way in which parents of an EEA-citizen can live in an EEA state. And it does not include the right to work.

Directive/2004/38/EC
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Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: Plz check UK home office & EU websites

Post by Directive/2004/38/EC » Sun Feb 11, 2007 4:04 pm

JAJ wrote:The Chen ruling is the only way in which parents of an EEA-citizen can live in an EEA state. And it does not include the right to work.
Financially dependent parents are already covered in the core definition of "family member" in Direction 2004/38/EC. In those cases there is no need to invoke the Chen ruling.

Direction 2004/38/EC specifies a minimum base which all states must implement. Member states are free to offer more generous rules if they wish. Ireland and the UK have chosen not to do so.

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