For Those With Children Born In The European Union - Travel - Nairaland
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| For Those With Children Born In The European Union by MrsOyibo(f): 7:57pm On Mar 20, 2011 |
http://www.independent.ie/breaking-news/national-news/court-gives-children-right-to-stay-2571099.html http://eudo-citizenship.eu/citizenship-news/449-the-zambrano-case-relying-on-union-citizenship-rights-in-internal-situations Not sure how this case will effect things in the future, but thought that some of you might find it interesting. |
| Re: For Those With Children Born In The European Union by Nobody: 8:38pm On Mar 20, 2011 |
Very interesting. I wonder if this will be implemented in the UK, who's immigration laws are more draconian than most. |
| Re: For Those With Children Born In The European Union by MrsOyibo(f): 8:57pm On Mar 20, 2011 |
I think that it will be particularly interesting to see if a child can be seen to be European Union citizen without actually having the right to be a British citizen, the mind boggles! |
| Re: For Those With Children Born In The European Union by eghost247(m): 10:05pm On Mar 20, 2011 |
Nice development |
| Re: For Those With Children Born In The European Union by frankkky: 6:06pm On Mar 21, 2011 |
@mrs oyibo thanks for this information but i used to think kids born in the uk are automatic citi izens |
| Re: For Those With Children Born In The European Union by juzme: 7:26pm On Mar 21, 2011 |
It is an interesting ruling and some people may benefit from it especially those that has Irish born child that are citizen. But it is important to mention that the ruling is for those whose child has already been granted citizenship in any Eu member state. Best of luck for those who has been on struggle for this for the past years. |
| Re: For Those With Children Born In The European Union by sandysuzie: 5:17pm On May 21, 2011 |
I am a Nigerian married to a British, we have 2 kids and we all live in Nigeria. I have been refused entry clearances in the past because I had my first child in the UK. Can I take advantage of the Zambrano case to relocate to the UK with my kids while my husband stays back to work in Nigeria to support us. |
| Re: For Those With Children Born In The European Union by Nobody: 5:40pm On May 21, 2011 |
sandysuzie: I think you need to shed some more light on the portion of your post highlighted above. |
| Re: For Those With Children Born In The European Union by sandysuzie: 9:00pm On May 21, 2011 |
I wanted to know if i could apply for settlement visa at BHC in Nigeria based on my kids' status as British and if I could make reference to the Zambrano case. Irish government has complied. |
| Re: For Those With Children Born In The European Union by sandysuzie: 9:06pm On May 21, 2011 |
siena, i was refused entry clearance because the ECO claimed i had recourse to public fund. My husband and I decided to relocate to the Uk immediately after our wedding due to family pressure. He's Edo while am yoruba. When we got there, things didn't work out well. He had to come back to naija while i stayed there cos i was heavily pregnant. I tried explaining all these supported with documented evidences; all to no avail. I even went to court in the uk it didn't also work out |
| Re: For Those With Children Born In The European Union by GODSON2009(m): 10:28pm On May 21, 2011 |
Mrs.Oyibo:as long as your child carries an eu passport then he/she has a right under the zambrano case. @post according to the law european union directives supercede domestic immigration laws so an ecj judgement will effectively curtail the ukba's power to act out of their own devises |
| Re: For Those With Children Born In The European Union by sandysuzie: 10:37pm On May 21, 2011 |
Thanks, but can i apply frm naija? |
| Re: For Those With Children Born In The European Union by Busybody2(f): 1:37am On May 22, 2011 |
sandysuzie: What visa did you initially come into the Country with? Did you overstay? How old are your children now? Did you claim public funds as alledged? What type? I am asking this because your Hubby is not presently in the UK and you would not be living together as he would still be based in Nigeria, so you don't qualify for settlement on this basis, because he has to be based in the UK. But if you both intend to come to the UK together and have been living together in Nigeria as a couple for four years or more, you can apply for settlement visa on this basis. If you meet this 4 years rule, your best bet is to all apply as if you are all relocating back to England and when you all get here, he can return to Naija, leaving you in the UK with your children. 2 Likes |
| Re: For Those With Children Born In The European Union by usewisdom: 10:08am On May 22, 2011 |
That's a pure and capital lie. The ECJ confirms that whether u have been deported or wherever u live in the world, as long as a child of yours have European passport, the parent have right to live in the EU country birth of the child, provided that non of the parent committed any serious crime. |
| Re: For Those With Children Born In The European Union by sandysuzie: 3:23pm On May 22, 2011 |
Thanks @ busy body, I obtained a visiting visa, i have never overstayed, i had my child on a compassionate ground on NHS; at that time NHS was not listed as a public fund. We've been married for 10yrs, my children are 9 and 5 yrs respectively. We have never committed any crime. @ use wisdom, thanks for the info. |
| Re: For Those With Children Born In The European Union by GODSON2009(m): 6:42pm On May 22, 2011 |
usewisdom:@bolded not the eu country of birth but the eu country they are resident |
| Re: For Those With Children Born In The European Union by Busybody2(f): 10:15pm On May 22, 2011 |
usewisdom: A-kii-ka, sopona oh, i nor fit shout   GODSON2009: God bless you, God's son  sandysuzie: If NHS was not listed as public funds then, and you were also allowed to have your baby on compassionate ground, the ECO's erred in law and there is no time limit to challenge this, though you vaguely mentioned it went to Court. . . *Was it after you were refused re-entry to UK that you went to Court? On what grounds were you refused? Just trying to work out how you can circumvent this "NHS red herring" when it comes up again when you apply, so it would help to have a bit more information, so feel free to drop me a line here: |
| Re: For Those With Children Born In The European Union by usewisdom: 10:49am On May 24, 2011 |
It's all thesame story. Whether the EU country of birth or reside, its all the same story. Its not compulsory to live in exactly EU country of birth, if u like u live in oshogbo or kaduna, as far as the child is holding an European Union passport, the parent have the right to live with the child if the child is born in the EU and been an European citizen. Mind you, been born in the EU does not mean you're eligible for European citizenship, as this depends on each EU country citizenship rights and law. For example, like here in Ireland, if ur child is born here, it does not mean the child is eligible for citizenship, unless one of the parent must have been living here legally for 3/4 years. But if not, the child must be 18 years old before he/she could be considered as an Irish Citizen. Gbammmmmmmmm! |
| Re: For Those With Children Born In The European Union by Busybody2(f): 2:00am On May 25, 2011 |
usewisdom: Stop acting like a plank and showing yourself up haba, the law is only applicable to children living in any EU member state. Go and read the link again and again and again and again . usewisdom: The law's changed twice since then so what you have above is incorrect. |
| Re: For Those With Children Born In The European Union by Busybody2(f): 3:13am On May 25, 2011 |
frankkky: 1) IN THE BEGINNING Children born before Jan 1 1983 got automatic citizenship regardless of their parent's status. 2) AFTER JAN 1 1983, IF EITHER PARENT HAVE CITIZENSHIP: Children born after Jan 1 1983 also got automatic entitlement if both parents were married. If unmarried, only the Mother could pass on citizenship to the child by virtue of being British, unmarried Father had no right to automatic entitlement for their child, they had to utilise Section 3(1) of the British Nationality Act 1981 (as amended) to register the child as British After 1st July 2006, unmarried Fathers were given the same right of automatic entitlement. Those born before this July date still has to apply for citizenship by registering. 3) BORN AFTER JAN 1 1983 AND IF NEITHER PARENT IS BRITISH NOR HAVE SETTLED STATUS *This category do not get automatic entitlement to citizenship. And although they do not get citizenship and a British passport, they are entitled to everything a citizen is entitled to such as free education, benefits, etc. If the parent do not wish to remain in the Country, e.g. they wish to relocate to Nigeria, they need to apply for a further leave to remain for the child in line with their current status, so that when next they go to renew their visa, they take along the baby's passport and if the parent gets 2 years visa, the child gets same, if 5 years, the child also get his/her visa with the same duration. . .You are allowed to take the child out of UK for not more than two years at a stretch. *Usually the child had the right to citizenship by registration only after having lived in UK for 10 years, but there was a child concession rule which gave these children and their parent the right not to be deported after 7 years of being in the Country. * There was an EU caselaw whereby as long as it can be proven that the parents has the means to look after their child withput relying on public funds, they don't get deported. * Another EU caselaw was passed about 3 years ago stipulating that every child in school (around age 5 upwards), regardless of whether the parents are illegal or not, has the right to permanent settlement, and this makes their parent entitled to stay permanently too and claim benefits, etc. (Usewisdom this includes Ireland too by the way) * Now we have this Zambrano case tearing up the previous rules and stating that every child born in Europe, with either legal and illegal parents living in any of the member state is entitled to automatic citizenship and their parents have the right to bring them up, claim benefit, etc. (Again usewisdom, Ireland is included too because they are still one of the member states) Of course it'd help if hospital bills were to be paid before absconding, it'd help if y'know all travel docs and itinerary are legit . . .as per y'know these things have a way of coming back to bite one in the bum. |
| Re: For Those With Children Born In The European Union by usewisdom: 4:36pm On May 25, 2011 |
Yes I'm over 100% right. Go to justice.ie and check it there through the inis website. Olodo. You are a professional liar. 1983 is UK. Ireland is 2005. Who is fool? Hail the fool of the year 2011. Gbammmmmmmmmmmm. |
| Re: For Those With Children Born In The European Union by Busybody2(f): 5:45pm On May 25, 2011 |
usewisdom: Egbani e laja, see this fool disgracing himself all over the place  You just used your crusty crooked finger to type that from your intepretation of this Zambrano caselaw, any child born in Europe has the right to citizenship and be able to come to reside in Europe with their parent, SO WHY ARE YOU NOW BLEATING LIKE A GOAT THAT THIS IS NOT APPLICABLE TO IRELAND  IS IRELAND NOT PART OF THE EU MEMBER STATES, ODENSIN CAN YOU READ AT ALL, ABI WETIN DEY REALLY WORRY UNA, EHN SULE BADA DID IT ALL FLY OVER YOUR HEAD OR HOW CAN ONE PERSON BE THIS DAFT IS THE E-NEWSPAPER LINK- INDEPENDENT.IE NOT INDICATIVE OF A JOURNAL ORIGINATING FROM IRELAND, EHN OTONDO WHY DID THE FIRST PARAGRAGH, AND HECK ALL THE PARAGRAPHS SEF, TALK SAY THIS RULING IS GOING TO HAVE A MAJOR IMPLICATION FOR IRELAND, EHN ODOYO It is obvious you have a major problem with English comprehension or how else could you get such simple article which kept repeating itself, wrong Sorry to keep compounding your problem, I see your case is beyond redemption, oponu so'wenu Empty vessels make the loudest noise Usewisdom ko, justdumb ni, iru kaun kaun  |
| Re: For Those With Children Born In The European Union by inspiredm(m): 10:30pm On May 25, 2011 |
Busy_body, I can read that you are an immigration Expert With emphasis in British Immigration. My friend has a Child in the UK. His Son is British because the Mother is British But He ( The Father ) is Nigerian, He wants to Take Custody of the Son, How can he Go about it ? he is not Interested in acquiring British Citizenship or any sort, he just wants to give his Son the Best Please your advice would be Most appreciated as a seasoned, experienced British Immigration Lawyer cu.m Consultant per Excellence that you are. 1 Like |
| Re: For Those With Children Born In The European Union by usewisdom: 10:44pm On May 25, 2011 |
@ inspired_m, Busy_body is not expert in any immigration law at all. He's just here bombing lies and telling rubish to innocent people of what he doesn't even have a clue about. @ Busy_body or whatever u claim ur name is: I don't blame you. Thank God I found you, I've been searching for a stupid GOAT with cancer disease like you. But why your brain is so noisy like this? Did u even pass-by primary school?? I don't think so. Your English alone is a straight pointer to the fact that you're simply looking so haggard like a drug addict sitting down beside cyber cafe typing rubish about what u don't have a clue about. No manners, courtesy, and respect. U need to go back to primary school, even my son cannot even read what u wrote here. Stupid idiot and silly cow. I don't know u from no where and u end up making noise with your dirty mouth that I'm sure you've not brush for the past 3 weeks. @ others, It was important to understand that the ECJ judgment applied only where the child is a citizen and had no implications whatever for Irish citizenship law or any European citizenship law, which remained a matter of their Constitution. This Irish citizenship law was changed in 2005 so that a child of non-Irish parents born in Ireland was no longer automatically entitled to citizenship. - In Ireland here example: You can become an Irish citizen in three ways: by birth, by marriage or by naturalisation. The Irish Nationality and Citizenship Act 2004 (which came into force on 1 January 2005) removed the right of Irish citizenship by virtue of birth on the island of Ireland unless at least one parent was an Irish or British citizen or did not have any restriction on a right of residence in the Republic of Ireland or Northern Ireland. (There were some other instances when a child born on the island of Ireland could gain citizenship, but these are not directly relevant to this post). Irish Born Children and Non-National Parents post Citizenship Referendum With a citizenship lock now in place, there remained many Irish children whose parents were non-nationals and who did not have a settled immigration status within Ireland. The outcome of the referendum, however, did not result in all non-national parents in this position being deported with their Irish citizen child. The Department of Justice, Equality and Law Reform introduced the IBC/05 scheme. 1. CITIZENSHIP BY BIRTH Every person born on the island of Ireland before 1 January 2005 is entitled to be an Irish citizen. The citizenship entitlement of every person born on the island of Ireland on or after 1 January 2005 depends on the citizenship of the person’s parents at the time of the person’s birth. Since 1 January 2005, a child born to non-Irish national parents is only entitled to Irish citizenship if at least one parent has been legally resident in Ireland for a minimum of three out of the four years immediately preceding the child’s birth. So, been born in any EU country does not mean the child is automatically an European citizen, but depend on the Citizenship law of the European Country where the child is born. Simple as X Y Z. |
| Re: For Those With Children Born In The European Union by usewisdom: 10:53pm On May 25, 2011 |
My point is: Whether your child was born in any EU or Naturalised as an EU citizen and has obtained his/her EUropean passport, the parents of the child have right to live with the child, according to the ECJ ruling. So, folks don't mind the idiot. |
| Re: For Those With Children Born In The European Union by usewisdom: 11:04pm On May 25, 2011 |
Where are u now MR. BODY_BUSY or busy_body Pls come out oooo. Come and prove me wrong! Idiot nutty goat! In fact how I wish justwise to come and wade into this matter, because I'm over 1 million % sure of what I'm saying. I intentionally subscribe immigi channel. Olodo, gongosu, oponu, sopo, dauda, dada-n didi. I don't have time for u. Many nairalanders will notice that I hardly comment to any thread here, but if u step on my toe, u'll think that the iceland ash has began. So, be careful and don't ever in your life say a word into what u don't know. |
| Re: For Those With Children Born In The European Union by inspiredm(m): 11:07pm On May 25, 2011 |
usewisdom:[size=13pt] Please Take it easy, Busy_Body is a Lady, don't be too harsh on a Lady, be a Gentleman Can you advise my friend ?[/size] |
| Re: For Those With Children Born In The European Union by usewisdom: 11:10pm On May 25, 2011 |
I'm sorry jare inspired_m, advice about what Can u explain better? |
| Re: For Those With Children Born In The European Union by lucabrasi(m): 11:20pm On May 25, 2011 |
@usewisdom pls calm down what busy_body has written doesnt warrant that much vitriol being poured on her,why cant we nigerians calmly and rationaly state our views without resorting to name callings?no one will bother reading your comments no matter how helpful when you have started with curses and infantille verbal barbs. by the way busy_body is totally right about zambrano, the law is retroactive meaning that irrespective of what the status was before the very last judgement the latest judgement will triumph over and above what has been obtained before. besides i hope you realise and yu can find it in the european treatise which i can make available for you if you want,judgement from the ECJ and also european directives and regulations SUPERCEDE either english or irish or any other ec domestic immigration laws,furthermore in an event where there is a clash between the domestic laws of the member state and the european directives/regulations the EU directives will triumph without any question. the whole point of my preamble as far as this issue is concerned,zambrano will supercede any irish domestic immigration law,in fact the ukba have already started treating the relevant cases that fall under the zambrano purview |
| Re: For Those With Children Born In The European Union by usewisdom: 11:25pm On May 25, 2011 |
IMAO, I just carefully read the idiot so called busy_body message now. Half of all what she wrote about the UK citizenship and immigration law are not active anymore. Even though if u live there in UK for decade I'm still current with their current citizenship law exclusive spending my good 4 yrs in London and 4 yrs here Dublin. So u cannot even prove your decade in UK. How would u even pass citizenship test? Even if at all u were luckily to be born there, its not even tell. IMAO. I will finish u tonight. So its better u come out now. Like I said earlier, my comment on nairaland is like a season maybe a month in a year. Idiot 2 hours early morning useless worker. |
| Re: For Those With Children Born In The European Union by usewisdom: 11:48pm On May 25, 2011 |
@ lucabrasi, thanks for your advice. But when she cursed me, u never see that at all. Back to zambrano issue. I hereby disagree to agree with you. Busy_budy stated that "Now we have this Zambrano case tearing up the previous rules and stating that every child born in Europe, with either legal and illegal parents living in any of the member state is entitled to automatic citizenship and their parents have the right to bring them up, claim benefit, etc. (Again usewisdom, Ireland is included too because they are still one of the member states) ". Now, are u telling me now that the zambrano case gave right to every child born in any EU to illegal immigrants without residency status Noooooooo. Pls go to the ECJ website and check the full judgement. I was on the site few days ago maybe probably tomorrow I will paste it. The ECJ confirm that it has no implication / changes of any country citizenship law. Its simply mean for child born in the EU to a legal resident non national, not illegal non national. Pls check it properly. This is not a fight or something! |
| Re: For Those With Children Born In The European Union by lucabrasi(m): 12:35am On May 26, 2011 |
^^^no worries just chill out and cut out the whole swearing and abuse,its obvious you are a matured man from the colouring of your comments and busy_body is good peoples as well so lets all debate without abuse so we can all learn from each other. pls post the judgement if you can,however just like you i have read and printed out a hard copy of the judgement like many other for my records as i offer advise on european directives/regulations to a number of people in my church. pls check the exegesis of the zambrano case sire,there are two illegal immigrants who have children who are EU citizen,now the main point of the judgement is based on their fundamental human rights i.e the fact that both parents are illegal must not deprive the children of the right of their parents .by this reasoning therefore irrespective of the parent's immigration status as long as the child/children are either british,irish or holds a passport of any of the EU countries living in the EU member state then the law applies to them usewisdom:yes at the bolded and the simple reason like the judgment inferred is that it is not about the parents because if they didnt have children or if their childre were not EU passport holders they would be removed/deported and moreover if their children were above the age of consent then the parents would be deported but as long as the child/children needs that integral link in their life(i.e parents and parental responsibility)then they have a right under the human rights charter to get that. why do you think the political party ukip and the conservative government are shouting that they want to re visit the human rights charter?it is because of the rights which it confers upon every human being irrespective of your status. pls go and check EU directives and regulations totally supercedes not just irish but every single eu member state's domestic immigration law there is a bunch of articles i can give recommend you go and read international affairs and defence section library of house of commons by vaughne miller its about 16 pages the immigration board blog too will tell you the same thing as i also contibute to the site/blog |
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