EU Citizen Children Residing in Ireland with Non-EEA National Parents
The rights of EU citizen children living in Ireland or other EU Member States are protected under Article 20 of the Treaty on the Functioning of the European Union (TFEU). These rights have been reinforced by several landmark European Court of Justice (ECJ) rulings.
Key ECJ Cases on EU Citizen Children’s Rights
The following cases confirm the rights of non-EEA national parents who are the primary carers of EU citizen children:
- Zhu and Chen v Secretary of State for the Home Department (C-200/02)
- Teixeira v London Borough of Lambeth and Secretary of State for the Home Department (C-480/08)
- Chavez-Vilchez v Raad Van Bestur De Sociale Verzekeringsbank & Others (C-133/15)
These cases establish that an EU citizen child has the right to reside in an EU Member State, and their non-EEA national parent may also be granted residence permission if their presence is essential for the child’s well-being.
Applying for Residence as a Non-EEA Parent
Non-EEA parents who are the primary carers of an EU citizen child in Ireland can apply for residence permission under Article 20 of the TFEU, provided that:
✔️ The family is financially self-sufficient and does not become a burden on the Irish State.
✔️ The EU citizen child resides in Ireland as their primary place of residence.
✔️ The non-EEA parent plays a central caregiving role, ensuring the child’s well-being.
At ImmigrationSolicitors.ie, we provide expert legal assistance for residence applications based on EU Treaty Rights. Contact us today for tailored guidance on securing legal residency for non-EEA national parents in Ireland.
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