Sunday

23rd Sep 2018

Parents of EU children win right to stay

  • (Photo: London Scout)

Parents of children with EU citizenship can receive EU residency if they are their main carers, the European Court of Justice (ECJ) ruled on Wednesday (10 May).

The ruling goes against policy in member states such as the Netherlands and the UK.

Read and decide

Join EUobserver today

Support quality EU news

Get instant access to all articles — and 18 year's of archives. 30 days free trial.

... or join as a group

The court ruled on a case brought by the Netherlands, in which a Venezuelan woman - whose visa had expired - sought benefits for her Dutch child. They were denied to her, as she lacked the residency requirement.

Her case was backed by seven other mothers of Dutch children, none of whom had a legal right to stay in the Netherlands.

Judges said national courts must focus on the welfare of minors.

A primary carer who was forced to leave the EU would likely bring underage children with her or him - which would deprive the children of enjoying their EU rights, they said.

The fact that the other parent was able and willing to assume responsibility for the child was not a sufficient ground for denying the main carer a right to stay in the bloc, the court said.

Instead, authorities should take into account the age of the child, the extent of emotional ties to both parents, and the risk of what separation from the main parent might entail "for the child’s equilibrium".

Wednesday's case clarifies a previous EU court ruling, which also said that non-EU nationals had a right to stay in the bloc if they were main carers of children with EU nationality.

However, countries took a narrow interpretation of the case law and only applied it in extreme circumstances - for instance, if the other parent was in jail.

EU wrong to block anti-trade petition, court says

The EU Court of Justice ruled the European Commission lacked legal basis when it refused to register a European citizens' initiative signed by more than three million people.

EU to propose scrapping summer time change

Based on the preliminary results of an online survey in which mostly Germans took part, the EU executive is proposing that the whole EU stops changing times in March and October.

Investigation

How to get around the EU posted workers directive

Some EU careworkers in Belgium receive around €400 a month - despite their carers paying €2,500 a month and paying for flights and accommodation. The answer lies in how firms can skirt the safeguards in the EU's posted workers directive.

Feature

Resetting the gender balance through football

Many sports, like football, have been so heavily male-dominated at every level that women and girls have battled against poor odds to be treated as equals in the game. FIFA aims to change that.

EU gets record response on 'summertime' consultation

The EU Commission has received several million responses from citizens, businesses, and organisations on whether to end the daylight summertime savings. Any tangible change would take ... time.

Exclusive

Women shun EU-funded site for female entrepreneurs

Wegate.eu, which received €1.2m in EU money since its launch almost two years ago, has less than a thousand registered users - from a possible target audience of at least 10 million.

Stakeholders' Highlights

  1. NORDIC COUNCIL OF MINISTERSThe vital bioeconomy. New issue of “Sustainable Growth the Nordic Way” out now
  2. NORDIC COUNCIL OF MINISTERSThe Nordic gender effect goes international
  3. NORDIC COUNCIL OF MINISTERSPaula Lehtomaki from Finland elected as the Council's first female Secretary General
  4. NORDIC COUNCIL OF MINISTERSNordic design sets the stage at COP24, running a competition for sustainable chairs.
  5. Counter BalanceIn Kenya, a motorway funded by the European Investment Bank runs over roadside dwellers
  6. ACCACompany Law Package: Making the Best of Digital and Cross Border Mobility,
  7. IPHRCivil Society Worried About Shortcomings in EU-Kyrgyzstan Human Rights Dialogue
  8. UNESDAThe European Soft Drinks Industry Supports over 1.7 Million Jobs
  9. Mission of China to the EUJointly Building Belt and Road Initiative Leads to a Better Future for All
  10. IPHRCivil society asks PACE to appoint Rapporteur to probe issue of political prisoners in Azerbaijan
  11. ACCASocial Mobility – How Can We Increase Opportunities Through Training and Education?
  12. Nordic Council of MinistersEnergy Solutions for a Greener Tomorrow

Latest News

  1. Brexit and MEPs expenses in the spotlight This WEEK
  2. Wake-up call on European Day Against Islamophobia
  3. Sound of discord at 'Sound of Music' Salzburg summit
  4. Salzburg summit presses for bigger Frontex mandate
  5. UK's post-Brexit plan 'will not work', EU says
  6. Airbnb agrees to clarify pricing for EU
  7. Libya keeps coast guards rejected by the EU
  8. EU divisions on menu at Salzburg dinner

Join EUobserver

Support quality EU news

Join us