09 MAR 2011
Carol Coulter | Irish Times (Non-EU parents of citizens entitled to residency, court rules
IN A ruling with major implications for Irish policy, the European Court of Justice has ruled that the non-EU parents of an EU citizen child must be allowed to live and work in that EU state.
Until 2005 all children born in Ireland were automatically Irish citizens irrespective of the nationality of their parents, though this ceased to be the case following a referendum in 2004. Children born in Ireland to foreign-national parents must now become citizens through naturalisation.
The ruling of the court came yesterday in response to a question on the interpretation of EU law from a Belgian tribunal and is binding on all member states making decisions in similar cases. It states that member states are required to allow third country nationals who are parents of an EU citizen child to live and work in the EU state, where a refusal to do so would deprive the child of the enjoyment of the rights of citizenship.
The case now goes back to the Belgian tribunal for a decision on the specific merits of the case.
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