Post
by riseen » Fri Aug 19, 2011 3:50 am
Informations from Various departments of EU.
Non EEA parents of EEA citizen can get shengen visa without
any formalities.
As an EU citizen, your child has the right to travel within the
EU. This is a fundamental right under EU law, and may only be
restricted in very limited situations. If you are not entitled
to travel around the EU with your child, this could have the
effect of limiting his/her rights under EU law. Consequently,
any such restrictions may be in breach of EU law. As family
members of an EU citizen, you may be required to obtain entry
visas, but, where this is the case, you should have the right to
receive such, free of charge and without undue formalities. If
you have further problems exercising your rights under EU law,
you should enforce your rights with the assistance of Solvit.
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When it comes to exercising the right of Union citizens to move
and reside freely within the territory of the Member States,
Article 18 of the EC Treaty provides for such a right subject to
the limitations and conditions laid down in this Treaty and by
the measures adopted to give it effect.
The respective limitations and conditions are to be found in
Directive 2004/38/EC on the right of citizens of the Union and
their family members to move and reside freely within the
territory of the Member States.
The European Court of Justice ruled in case C-200/02 /Chen/ that
the capacity of a Union citizen to be the holder of rights
guaranteed by the Treaty and by secondary law on the free
movement of persons cannot be made conditional upon the
attainment by the person concerned of the age prescribed for the
acquisition of legal capacity to exercise those rights
personally. Consequently, even minor Union citizens can benefit
from the right of free movement provided they meet the
conditions of the Directive.
In the above judgment, the Court ruled that Community law
confers on a young minor who is a national of a Member State,
who is covered by appropriate sickness insurance and who is in
the care of a parent who is a third-country national having
sufficient resources for that minor not to become a burden on
the public finances of the host Member State, a right to reside
in that State. In such circumstances, it also allows a parent
who is that minor's primary carer to reside with the child in
the host Member State.
Community law, as interpreted by the above judgment, allows a
parent who is a minor Union citizen’s primary carer to reside
with the child in the host Member State provided the child is
covered by appropriate sickness insurance and is in the care of
a parent who is a third-country national having sufficient
resources for that minor not to become a burden on the public
finances of the host Member State.
Consequently, such a parent would also be entitled to be treated
under Directive 2004/38/EC with regard to the visa requirement.
-------
As confirmed ,Non EU parents _who
would like to accompany an Irish minor child_, should be covered
by Directive 2004/38/EC and the visas shall be issued free of
charge, as soon as possible and on the basis of an accelerated
procedure.
_[/u]
