1. Families of Nationals of Member States Whose Children Are In Education or Training
In recent years case law has established a right for children of a national of a Member State who is or has been employed in the territory of another Member State is to be admitted to that State's general educational, apprenticeship and vocational training courses on the same conditions as nationals of that State, if the child is residing in its territory. This is based on Article 12 of Regulation (EEC) No. 1612/68 which provides for equal access for children to the education systems of member states. This right can give rise to a right to reside for the parent or carer of the child until they are 18 or stop eduction or training. This applies to a parent or who is not an European National themselves. The argument is that the child cannot enjoy their right to education under Article 12 if the person who cares from them i prevented from caring for them by being denied accommodation and benefits.
The main cases concerning this right are
- Baumbast and R. v. Secretary of State for the Home Department (2002) The right to reside for the parent was not effected by the fact that the other parent who had been the European National who was working here was divorced from the parent who the child lived with and had stopped working here.
- Harrow LBC and SSHD v. Ibrahim (2010) A Somali parent was entitled to housing and benefits even though she was separated from the European workder parent and he had now left the county.
- Teixeira v. Lambeth LBC (2010) A European parent was entitled to housing even though she was not working because he had worked in the past and her daughter was in school.
- Secretary of State for Work and Pensons v JS (instructing solicitor) [2010] The right to reside as the primary carer of a child in education who is the child of a migrant worker can apply to an A8 national, even where he had not completed 12 months work pursuant to the worker registration scheme. The Upper Tribunal judge gave a useful summary:
2. Non European Parents Entitled to Reside Where Their Child is a European National
The argument here is that Article 20 of the TFEU provides a number of rights to reside for its citizens but these cannot be enjoyed by a child if his or her parents are prevented from caring for him or her.
The main cases concerning this right are:-