EU tells Britain to settle citizen rights
Print Edition
THE European Union insists that the rights of more than 3 million EU citizens in Britain needs to be among the very first issues to be settled in the Brexit divorce negotiations due to start shortly.
The European Court of Justice yesterday said national courts must focus on the welfare of the child and the “risks which separation from a (non-EU parent) might entail for that child’s equilibrium.”
The ECJ court added that a non-EU parent has a right to stay in the bloc if their child is an EU citizen, a ruling which could complicate Brexit talks.
The ECJ was ruling on the case of a Venezuelan woman who entered the Netherlands as a visitor but subsequently had a child with a Dutch national.
The relationship failed between the couple after they moved to Germany in 2011 and the woman, identified only by her last name, Chavez-Vilchez, became solely responsible for the welfare of the child.
However, since she did not have a right of residence in the Netherlands, an application for social welfare and benefits was rejected.
The ECJ said if the Dutch court ruled she did not have this right, then “her situation and that of her child must be examined in the light of Article 20” of the EU’s treaty, which “precludes national measures, including decisions refusing a right of residence to the family members of an EU citizen.”
If Chavez-Vilchez, and women like her, were forced to leave the European bloc, “that could deprive their children the genuine enjoyment of the substance of those (EU) rights by compelling those children to leave the territory of the EU.”
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