Member states of the European Union must allow parents of underage children to live and work in that European country. That was decided on Tuesday by the European Court of Justice in Luxembourg. The child will be given - and must take - the nationality of the relevant European country.
The court made the ruling in the case of a Colombian couple with two children. After their birth, the children were given Belgian nationality. The father lodged an appeal because Belgium had denied him a residence permit and unemployment benefits.
Refusal
In response, the Brussels Labour Court asked the European Court whether the parents had the right to live and work in Belgium under European law. The court ruled that they do indeed have this right. Refusal would mean that their children could not exercise their rights as citizens of the European Union.
Two requirements
According to Dutch immigration lawyer Hans Langenberg, it's still unclear exactly how this statement should be interpreted. In his eyes there are two requirements:
- Whoever wants to stay in the European Union must have a child with the nationality of one of the EU member states.
- The child with EU nationality must reside in an EU country.
Doomsday scenario
Lawyer Hans Langenberg believes this could potentially cause a doomsday scenario: Children could be separated from a non-European parent living in an EU country before the parent has had time to apply for a temporary residence permit.
(as/ae)
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Hi i am living with my girlfriend in Ireland last 5 months.she is pregnant for me now for twins.we want to go to Czech republic.But i do not have visa.so can you help me how i can get any kind of visa that i can go with her.Thanks
i am an illegal resident in netherlands and abt 8 months pregnant for a brithish who lives in uk. my partner and i are planing i move to germany to have the baby there due to the social system available. what is the process involved and the requirement, help needed as soon as possible because my time is almost due for delivery. thank u
hello am nigeria am married to bristh and have 2 kids with her but uk immigration are making this hard for me and i do not what to do i do not know if is r=the right move for to move to any EU membership pls can kindly reply me pls am in bad way of moon do not know what to do pls
Hi,
I am a south african male and visited my girlfriend in Germany on a 3 month schengener Visa, and during this time she became pregnant and is now 13weeks pregnant... I have returned back to SA a on the day of the expiration of my visa, and i would like to return to her to be with her during her time being pregnant and be there for the birth of my child... So i have researched and saw that i can only apply again in 6 months for a 3months visa, or i can apply for a marriage visa whiith requirements that seem to take too long for our needs to be together... How can i get back to her soonest and what are my realistic options to do so... Is there a possibilty of getting a temp residence permit so i can be with her during this exciting time and see her give birth to our first child... Please, any solid advise would be greatly appreciated.. Regards
am Mahmoud Khalil egyption live in Europe since 10 years hav permenant stay Italian and am was married Danish/egyption women
and I have child from her in Denmark but am divorced from this marriage
whats its Denmark wanted its vilation my rights and rights EU LAW and they wanted throw me out EU ALL EUROP EVEN I HAVE PERMENANT STAY OPN ITALIAN VALID UNTIL NOW
'
PLEAS I NEED HELP FROM THE HUMAN RIGHTS PLEAS I NEED HELP FROM THE UNION ERUPIAN COURT
HOW ONE COUNTRY IN EU THEY WANT THROW OUT FROM EU WHO IS HAVE PERMENANT STAY VALID THEY NOT EVEN ASK ME GO ITALY NO THEY WANTED ME GO OUT EU
EVEN I HAVE JUDJEMENT FROM THE COURT TO SEE MY CHILD EVERY WEEK
WHATS IS THIS
Hi I am a filipina with a half german half filipino child,I am not married to her father,can my child and I will have a chance to live in germany with her father? And if I will have a chance to be a permanent resident and get my other illigitimate child in the philippines to also live with us...?
hallo,am indian man,i live in germany asylum base,and now i have woman from poland,and now she pregnant,i want to know what can i do so i get visa from german goverment,and live legal life,or what can i do for.pls try to expaln,thanks,
On 8 March 2011 the European Court of Justice (ECJ) ruled ( Zambrano Case) that an EU member state may not refuse the non-EU parents of a dependent child who is a citizen of, and resident in, an EU member state the right to live and work in that member state.
Against this background, is this ruling applicable to me-having a child born in Ireland? Both parents are undocumented immigrant in Ireland.I would really appreciate if I could be educated and advise on this issue.
Your expeditious response would be appreciated.
HELLO,I LIVE IN SPAIN WITH 5YRS RESIDENCE PERMIT NOW AM PREGNANT TO A MAN WITH OUT PAPER IN SPAIN CAN THE MAN BE CONSIDERED AFTER MY BIRTH TO HAVE A RESIDENT PERMIT AND THE CHILD.PLEASE I NEED YOUR ADVISE SO THAT I WILL NOT LOSE THIS YOUNG MAN.
helo i am a filipina not married to the polish citizen but we have a 4 yr old baby..now we are planning to move in germany we are in cyprus now i stayed here illegally for 4 yrs..what is the right thing to do.
My wife from the philippines and we have to move to the EU to be together and having baby in sept, so does this mean my country the UK has to let her stay as at the moment we have to earn £18.600 before they can come
hello i am a maryed men with a girl from Holland she is pregnent with me and within 1 month she will give birth we already started the german prestigior for making my peapers. now we canot to finish this presigior before birth my question is;
Do i have the right as a father to be in birth of my child in Holland???
hi, am a non eu citizen in italy with unlimited stay and my son of 4years old.i have no job.is it possible to get a job and school in holland or any part of north europe? thanks for your responds.
Hello to everyone, well my wife is filipino and we have baby on the way, the UK is now impossible for any poor person to be able to have there wife and children come to the UK!! so I have to use my freedom of movement rights to move to another EU country for her to be able to come and be with me as a family, so question is where in the EU will be best for us to have our baby and be able to settle and have our child become fully EU member??
hi,i'm an international student from france but i moved to belgium after school and got pregnant.my baby's daddy has belgian nationality but he's refusing to acknowledge parentage of my unborn baby.he explains that he will be unable to bring his wife from africa if he does since the new belgian law makes it impossible.am some months away from giving birth and my french residence permit has already expired.what can i do?
Hi i am not an Eu citizen, i am married to a German and blessed with a boy who is 12 yrs and a German citizen living in Kenya.We are now planning to relocate to Germany in august.what kind of visa do i need for long term and and will i be allowed to work.
I am Australian. I have a child with a German women .
The German government sent me pappers regarding paternity and child support in German. I sent them back requesting them in English. As far as i can work out they are now Iimplementing legal to deal with me . I am now planning to travel to an EU country, will i have any problems by entering the EU ? And if any what can happen to me if i do in regard to the German gov and this legal issue?
please my husband is a british and i am an illegal immigrant and pregnant at germany. what do we need to do for myself and our baby when i give birth to legalize my stay in germany? and what documents do we need for the processing??? thank you
hello am 18 years and a swedish citizen. am 6 months pregnant with my boyfriend who´s living here illegaly. we went to open a new case at the migration so that he can get the permit of living in sweden and take care of his baby while i finish my school but they denied us because hez not supposed to be here. if he goes back and apply before i give birth it might take time and he wont be here wen am delivering. what can i do?
hello I'm non EU citizen have two Irish daughters born here and we are planing to travel for 2 weeks to Paris without visa. what can I do
hello I'm non EU citizen have two Irish daughters born here and we are planing to travel for 2 weeks to Paris without visa. what can I do
i am a british national if i have property in portugal but never lived there for longer than one month can i exercise my right as an eu citizen and apply for my husband to stay here as a family member
Hi, I have a Filipina Girlfriend which we applied for a visa for her to come to live with me in Malta as i have my business in Malta and i cannot go and live in Cebu as i have to run my business here... My girlfriends visa was refused, telling us " Your intention to leave the territory of the member states before the expiry of the visa could not be ascertained" we appealed but nothing happened... this was in July 2012... since then my girlfriend gave birth to a Beautiful boy.. My son "Lance Pierre" on the 08/01/2013... which I missed on being by her side at the time of Birth and have not since yet seen my son in real life never mind being able to hold or kiss him... except on photos and Skype ( Thank God for the modern technology or i would not even know what my son looks like ) We were going to Cebu to give Birth anyway as to give birth in Malta would have cost me thousands of euro as i am not married to my girlfriend... Yes... of course she would not leave Malta if she is my girlfriend and the mother of my child, but she is not after a citizenship all we were after is a right for her to live with me in my Homeland, we gave the visa office everything they asked for.. like the tons of paper work including Health Insurance, proof of my income so you need not have to worry that she will be a burden to Malta.. ( as by the way we were only after a Malta only visa, we are not interested to travel anywhere in europe other than my HOMELAND MALTA ) What I am trying to ask here is ... Have i got the RIGHT to Live with whom i choose... i do not need any favors from anyone but my rights and the right to be with the ones i Love....
Yes... you might say that i could have gone there for the Birth of my son but as i am trying to get her and my son here and i would need to fly there so i can fly back with her as flying for about 30 hrs with a baby is not easy and as you all know it costs thousands in flights and travel and i rather spend my hard earned money on my family... it already cost me hundreds of euro to try and get a visa and was refused with a Lame excuse... and nothing is refundable and that includes the Health Insurance i had to buy before we could even apply for a visa... which was a waste as the insurance is valid only if the person is living in Malta... Hope there is someone out there with an answer to my request...
Hey am an asylum seek living in Ireland for a 5 yrs my partner is British but we are not married am now expecting a baby very soon.Wii my child have a British residents..? If born in Ireland
i m a filipina citizen live in philipines i have illegitamet child from married man here his wife is filipins and his husband from belgium how we can have belgean passport for the chil .. please reply me.. and what the goverment help support to the kids
Hi me and my partner are poish living in uk for the past 6/7years.We`re about to have a baybe very soon. Can we apply for Britsh Passport for a baybe???????????????????????????
Respecter Sir / Madam,
I am an Indian citizen currently living and working in Romania (Bucharest). My wife is Romania citizen and I am having the resident cum working rights as a Family Member of EU citizen. I have one daughter (4 years old)in this relation ship and she is having Romanian nationality.
Unfortunately we decide to separate legally (divorce). I would like to continue in Romania to support my daughter until she became major.
Kindly let me know am I eligible to get residents wrights of "Family Member EU citizen" after our legal divorce, because of my daughter is EU citizen.
If so what documents required for that.
Waiting for your kind and valuable reply soon.
Kind Regards
S G
Hello SG,
Did you manage to sort this out. I am in a similar situation as you and in Bucharest. Maybe it would be good to discuss this in person. Cheers.
hi I am irish living in ireland but i have a boyfriend from colombia a non eu we are not married and we are having a baby in the later year what is his rights and what kind of visa should he go for to come and be with me can someone give me some advice thank's so much
i am planning on moving back to the uk as i was born there but my daughter was born in holland which makes her dutch what do i need to do to make her legal in the uk
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