My sister and I are both eligible for British passport due to our father having been British. We live in South Africa with my mum. We would like to move to Ireland within the next 18 months, I am 16 years old. I would like to know if I can bring my mum under my treaty rights? and what do I have to do?
I would like to know if I can bring my mum under my treaty rights?
On its face, EU free movement law gives no right to the non-EU parent of an EU citizen unless the parent is dependent on the child, which is highly unlikely if you are sixteen.
There are, however, court cases suggesting that if the child is a minor then refusing to grant residence to the non-EU parent is an impermissible restriction on the child's right of free movement. See, for example:
- Think of the children: the ECJ clarifies the status of non-EU parents of EU citizen children living in their own Member State
- Chavez Vilchez et al v. Sociale Verzekeringsbank et al
These cases, however, concern children living in their own country, not another, so they are not directly applicable to your plan. Furthermore, the conditions identified by the court that lead to a right for the parent to stay are not clear to me, nor is it clear how one would invoke this right if it does exist.
You may therefore want to speak with an Irish immigration lawyer or an immigrants' rights organization. A web search turned up a lot of support organizations for Irish immigrants in the US, but also several Irish solicitors and the Immigrant Council of Ireland.