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Post by **archigabe** » Fri Aug 31, 2007 1:09 pm

If you're the parent of an Irish Citizen child and he/she was born before Jan2005, you can apply for residency in ireland under certain conditions.
Read some information here.
http://www.inis.gov.ie/en/INIS/Pages/WP07000030
http://www.immigrantcouncil.ie/highcourtdecision06.pdf
http://www.immigrantcouncil.ie/cadicinfo.doc
http://www.immigrantcouncil.ie/IBCrenewal.pdf

dehualiu · Post by **dehualiu** » Fri Aug 31, 2007 2:55 pm

EEA family member

Dawie · Post by **Dawie** » Fri Aug 31, 2007 3:32 pm

Can you explain why you are unable to stay in Ireland?

dehualiu · Post by **dehualiu** » Fri Aug 31, 2007 3:36 pm

EEA family member

Wanderer · Post by **Wanderer** » Fri Aug 31, 2007 4:07 pm

dehualiu wrote:I don't like Ireland just because Life is too simple in Ireland and i have lots of friends in sweden

That's a rather sweeping statement!

Dawie · Post by **Dawie** » Fri Aug 31, 2007 4:08 pm

dehualiu wrote:I don't like Ireland just because Life is too simple in Ireland and i have lots of friends in sweden

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.

Docterror · Post by **Docterror** » Fri Aug 31, 2007 4:17 pm

Dawie wrote:Just having a son who is an Irish citizen is not enough. You have absolutely no connection to Sweden whatsoever

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 · Post by **Dawie** » Fri Aug 31, 2007 4:24 pm

If anyone wants more information on the Chen ruling you can look here:

http://www.epha.org/a/1476

http://www.immigrantcouncil.ie/chen.pdf

http://www.ukvisas.gov.uk/servlet/Front ... 8489185556

Dawie · Post by **Dawie** » Fri Aug 31, 2007 4:30 pm

The Chen ruling merely confers the right to freedom of movement for non-EU citizen parents of an EU-citizen child provided the non-EU citizen parents can demonstrate that they are self-sufficient.

However the ruling does not provide for the right of residency or work.

Docterror · Post by **Docterror** » Fri Aug 31, 2007 4:43 pm

However the ruling does not provide for the right of residency or work

I think it does give right of residency but does not give right of work to the non-EU parent.

dehualiu · Post by **dehualiu** » Fri Aug 31, 2007 5:41 pm

EEA family member

Docterror · Post by **Docterror** » Fri Aug 31, 2007 8:03 pm

It is not possible to open a bank account with legal status in sweden

Isn't that a great news for you as you are illegal? Wonder how the legal residents open their bank account there?

By 'establish yourself', they mean that you have to show that your Irish child is settled there and you by virtue of looking after him must stay there as well.ie- show that he has joined nursery and you have tenancy agreements, utility bilss and other documents required by the Swedish government to show that Sweden is the 'country of residence' of your Irish son and you.

Also if you cannot open bank accounts in Sweden, then withdraw cash from ATMs from your home bank account and use income in the statements to prove self-sufficiency and the withdrawls to prove residency!

Since Dawie has already busted the bubble on asylum seeking, why do you insist on going through all this quagmire just to be in Sweden?

Post by **Directive/2004/38/EC** » Sun Sep 02, 2007 8:36 pm

It sounds like you have received a clear confirmation from the Swedish government that applying on the basis of the Chen decision is possible.

You should find a LOCAL SWEDISH immigrant support group that will help you through the process of applying. Sounds like it will be very straight forward, especially given that you have money to support yourself and pay for your health insurance.

And good for you! Live where you are happy and comfortable. If Ireland is not that place and Sweden is, congratulations! That is what comes from having the freedom to move in the EU!

Prawo · Post by **Prawo** » Mon Sep 03, 2007 12:54 am

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.

sakura · Post by **sakura** » Mon Sep 03, 2007 7:45 am

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.

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 · Post by **Prawo** » Mon Sep 03, 2007 8:27 am

It was only the father (Iranian), with the oldest Dutch daughter.
The youngest daughter (Chinese and Iranian), stayed with the Dutch mother (former Chinese) in The Netherlands.
The latter because the youngest daughter did not get a Dutch rp because it did not have a passport.
As soon as the passport problem was solved (she got an Iranian), they joined the father in Belgium, after more than a year.

The couple was not married.
The father was allowed to work in Belgium after he filed the applications for his daughter and himself. It was his income that provided the necessary financial means.

If I am not mistaken the daughter got a five year card, the father one for two years. The latter is strange, but you probably understand he did not bother to much about it.

19730201 · Post by **19730201** » Mon Sep 03, 2007 2:29 pm

dehualiu · Post by **dehualiu** » Mon Sep 03, 2007 2:43 pm

EEA family member

19730201 · Post by **19730201** » Mon Sep 03, 2007 3:09 pm

sakura · Post by **sakura** » Mon Sep 03, 2007 3:28 pm

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?

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?

The OP could have stayed in Ireland and become a permanent resident/citizen soon after (we'll never know now), and move to Sweden as an EU national. If only herself is given the right to stay in Sweden, then her husband would have to wait a very long time to reunite with his family (if Sweden reads it as only one parent per EU child).

Prawo · Post by **Prawo** » Mon Sep 03, 2007 4:15 pm

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.

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).

For a longer stay, you will have to prove enough financial resources.
If both third country national parents can profit from the Chen scenario has never been decided by the court.

I do not know anything about Switzerland. Consult a local immigration lawyer to find out.

What made you leave Ireland?

Prawo · Post by **Prawo** » Mon Sep 03, 2007 4:19 pm

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 ?

He was illegal in The Netherlands before he left for Belgium.

There he was legal and applied for verification against EU law and allowed to work. To work and income were legal.

Why you think he was illegal?
There is no such thing as illegal in EU law for EU citizens and their family members.

Prawo · Post by **Prawo** » Mon Sep 03, 2007 4:20 pm

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?

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.

This court is based in Luxembourg.

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sakura · Post by **sakura** » Tue Sep 04, 2007 6:47 am

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?
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.
This court is based in Luxembourg.

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Well then!:roll:I'll just add "IF" to my above quotes...."if it was based in Belgium..." (which is isn't!).

Anyway, same statement applies to Luxembourg, in that case.

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