Published On: Thu, May 11th, 2017

EU child’s non-EU parents have ‘welfare benefits’ rights and ‘residence’ rights: ECJ

In a sensational verdict given by the European Court of Justice, it has stated that the parent of a child enjoying the status of the ‘citizen by birth’ in any of the EU member countries, who is not a citizen of any of the European Union countries, has right to enjoy all benefits provided for the welfare of the child by the respective government and right to enjoy the residence status in the respective country.  The historic verdict has come in the wake of a humiliating incident in which the non-EU mother of an EU child, who is the citizen of Venezuela and the ex-wife of a Dutch citizen with whom she has that EU child, was denied the child welfare benefits by the Dutch authorities on the ground that she is not a citizen of that country. The Venezuelan lady, who came to EU on a tourist visa, entered into a relationship with the Dutch man in 2009. In 2011, she separated from the child’s father. In the petition, the mother has claimed that the child is currently living with her and the social welfare benefit which is supposed to be delivered to the child through the child’s parents by the Dutch authorities has been denied on the ground that the child’s mother is not a citizen of Netherlands. It is learned that even though the final decision over this issue are supposed to be taken by the Dutch court, it is unlikely that the Dutch court make an observation in contrary to the recommendation made by the EU court as the member countries’ courts are not empowered to decide the issues related to the legal rights of a family members of an EU citizen.


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EU child’s non-EU parents have ‘welfare benefits’ rights and ‘residence’ rights: ECJ