EU child non-EU father

dexxter_sat · Post by **dexxter_sat** » Thu Oct 03, 2013 12:32 pm

I have been married for 10 years to a woman which is a swedish citizen. We have a 8 year old son which is also a swedish citizen. Recently we have divorced and we got a dual custody of a kid which now resides with me. So, my ex wife has dual citizenship (serbian and swedish) as well as our son. However I have only serbian citizenship.
My question is: is it possible for me to move to Germany or Austria with a child and gain resident/work permitt? I am aware of new "Zambarano rule" that allows parents of EU minor child to get work and resident permitt but I am not sure does this refers only Sweden or any other EU country?
I've contacted Swedish Migration and they confirmed that I can apply for swedish papers but still no answer from Austria and Germany.

Thank you in advance.

Post by **EUsmileWEallsmile** » Thu Oct 03, 2013 9:27 pm

The rules apply EU wide.

Zambrano applies to the country of child's nationality.
Chen to other EU countries.

If you have joint custody, would you not want to be in the same country as ex-spouse?

dexxter_sat · Post by **dexxter_sat** » Thu Oct 03, 2013 9:45 pm

Well, we are now all in Serbia. My son and ex have dual citizenships (SWE and SER). If I could move to GER or AUT my ex would probably follow since she lost connections with Sweden and I have some in Austria. I know that sound strange but we have good relationship after separation.
However, this is the first time I'm hearing of Chen case. So whitch rule applies to my specific case, Zambrano or Chen?

Thank you for your interest.

Post by **EUsmileWEallsmile** » Fri Oct 04, 2013 6:25 pm

http://ec.europa.eu/dgs/legal_service/a ... 034_en.pdf

http://eur-lex.europa.eu/LexUriServ/Lex ... 200:EN:NOT

eueueu · Post by **eueueu** » Fri Oct 11, 2013 2:20 am

Can non-EEA parents of a minor Irish national obtain an EEA family permit before travelling to the UK under the new EEA Regulations(UK)?

frankfurt · Post by **frankfurt** » Mon Oct 14, 2013 9:16 am

We applied for the residency on the basis of the parents of a minor Eu national in Germany in Feb this year,but refused immediately.We don't think the Chen ruling works.

dexxter_sat · Post by **dexxter_sat** » Mon Oct 14, 2013 6:15 pm

What citizernship does your minor has?

frankfurt · Post by **frankfurt** » Tue Oct 15, 2013 8:02 am

My son is Irish.

dexxter_sat · Post by **dexxter_sat** » Tue Oct 15, 2013 8:21 am

If I understood Chen rule right, you can aplly for residence in Germany only for amount of time your health insurance lasts in Germany. Thats in theory. In real, they would probably ask for more money in your account... Practically, you have only Ireland left.
Thats how I understood that.

frankfurt · Post by **frankfurt** » Tue Oct 15, 2013 12:50 pm

We have 20k EURO in our bank account , got health insurance and rent contract contract ,but they said we have to be dependent upon our son.

dexxter_sat · Post by **dexxter_sat** » Tue Oct 15, 2013 3:00 pm

I dont know but logicaly they are taking away right from one EU citizen to freely move within EU borders with his parents since he is dependant to them. Clearly, this minor hes been shortened by benefit of what EU brings and this is not in his best interest but we cant do anything about that so far...

doni · Post by **doni** » Tue Aug 05, 2014 5:13 pm

hi
im a citizenship from kosovo.
and my 4 year old doughter wich lives in sweden with her mom.and they took resident permit card in may 2014. and me and my doughters mom we are divorced...but i live in kosovo
i wanna know wich is my possibility or wich rights do i have to go and be together with my doughter in sweden .
i wanna know do i have the right to go in sweden
what should i do
how should i apply

Immigrationboards.com: Immigration, work visa and work permit discussion board

EU child non-EU father

EU child non-EU father

Re: EU child non-EU father