I'm confused, what does mean exactly the Family Member of EU citizen ( do a parent of young kid qualify for it ? )

[Danielsiam]

Hello,

 

As I see, the Family Member of EU Citizen, apply for the spouses, etc.. but they didn't mention right the parent of minor kid, but mostly like ascendent dependent. What they really mean ? 

 

A Thai single mother, who had a Thai-German kid, wanted going to France for a short-stay 90 days., with this kid, which is german by his nationality, does the mother qualify to be a Family Member of EU Citizen to apply this visa or not ?

 

 

[Donutz]

No, the parents of an EU/EEA national only have that right if the parents are dependant of the EU/EEA national.

 

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Article 2

Definitions

For the purposes of this Directive:

1)	"Union citizen" means any person having the nationality of a Member State;

2)

"Family member" means: (a) the spouse; (b) the partner with whom the Union citizen has contracted a registered partnership, on the basis of the legislation of a Member State, if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down in the relevant legislation of the host Member State; (c) the direct descendants who are under the age of 21 or are dependants and those of the spouse or partner as defined in point (b); (d) the dependent direct relatives in the ascending line and those of the spouse or partner as defined in point (b);

3)	"Host Member State" means the Member State to which a Union citizen moves in order to exercise his/her right of free movement and residence.     Source: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32004L0038

 

 

[mgb]

Take a look at Chen C-200/02.
The child and eu citizen has also the right of unconditional stay for 3 month due to article 6 of the directive and therefore Chen is also applicable for a short stay.

[Donutz]

That's true, silly me forgot about that. Though I must admit I dont know the details of the Chen case, I've seen it brought up on migration/visa forums though and that's it.

 

But going down that road probably will be an uphill battle or a struggle at the very least. You'd need a very good  accompanying letter and even then I'd fully expect a rejection. I'd lawyer up if I'd go down this road.

[mgb]

http://curia.europa.eu/juris/document/document.jsf;jsessionid=9ea7d0f130d507a50841013647b1952d878e6c8cd613.e34KaxiLc3eQc40LaxqMbN4PaNePe0?text=&docid=49231&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=664661

A printout could help.

[beano2274]

The ascending line thing is actually incorrect, for example in my case it is my Mother in Law, but she does not qualify as we do not support her with money, she is a retired Government Teacher and has adequate funds herself

[mgb]

It doesn't matter if she need your support.
If you would support her she would qualify as dependent.