Lately in the month of May, the European Court of Justice held averdict in a case of case H.C. Chavez-Vilchez and Others v Raad van bestuur van de Socialeverzekeringsbank and Others, on a residence permit to the parent of a minor child who is a citizen of EU. The Ministry of Immigration and Integration has come out with its review of the effect of the decision on Danish legislation.
This decision has created a chaos for the Danish Immigration Service, whether or notto re-open certain past cases with applications for residence permit to a third-country national who is the parent of a minor child who is an EU citizen.
As per the verdict given by ECJ, third-country nationals can qualify for residency, if denying them a residence permit would compel the child, an EU citizen, to leave EU. The decision thus embroils the rights of the child to be able to enjoy their rights as an EU citizen and a residence permit is granted to the third-country-national parent. Further, The ECJ decision also took decisions on factors that immigration authorities need to take into attention while evaluating these sorts of cases.
Rights of EU children as Mandate by the constitution
In the words of the ECJ, those parents should be considered as case who ‘’are parenting and thede facto caregiver, and there is a “relationship of dependency” between the child and the third-country-national parent’’. If such a relationship exists, and if the third-country-national parent is compelled to leave the territory of the EU, the child would, in effect, also be compelled to leave the EU. In such cases, residency can be granted to the third-country-national parent.
Cases the Danish Immigration Service will review on its own for possible re-openings
The Danish Immigration Service will be reviewing the cases that were closed after 2011 Zambrano decision. This review is already on the go. If the Danish Immigration Service finds that such cases exist, it will, to the degree possible, contact the individuals involved to notify them about the latest development in this regard and also how to proceed now. Individuals who were involved in cases that were closed after 2011 do not need to contact the Danish Immigration Service at this time. If the Danish Immigration Service is unable to contact everyone whose cases qualify to be re-opened, it will make an announcement on newtodenmark.dk requesting them to contact the Danish Immigration Service.
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