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Chinese mom wins right to live in Ireland

Publish date: 29 October 2004
Issue Number: 1206
Diary: Legalbrief Today
Category: Immigration

The European Court of Justice has given its backing to a Chinese mother who gave birth to her second child in Northern Ireland to obtain EU residence rights and to get around China’s ‘one child’ policy.

The Telegraph reports that the court ruled the Home Office could not deny Man Lavette Chen and her daughter Catherine, now four, long-term residence permits, even though neither is entitled to British citizenship. Catherine has Irish nationality, available under Irish law to anyone born in the Irish Republic or Northern Ireland. Since that makes her a citizen of the European Union, the Luxembourg court ruled that she was entitled to live in any EU member state. For that right to be effective, it added, a dependent child such as Catherine was entitled to be accompanied by her mother. Full report in The Telegraph

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