C-200/02 Chen v Home Secretary [2004]

Court: European Court of Justice (ECJ)

Facts: Kunqian Catherine Zhu, born in Belfast to Chinese parents, acquired Irish citizenship at birth due to Irish nationality law. As an EU citizen, she had the right to reside in any EU Member State. The UK authorities denied her parents’ application for residence permits, arguing that they could not reside in the UK despite Catherine's EU citizenship.

Issue: Whether the refusal to grant residence permits to the parents of an EU citizen child, who required their care, violated EU law, specifically the rights of EU citizens and their family members.

Held: The ECJ ruled that Catherine Zhu’s parents were entitled to reside in the UK with her. The Court held that the right of an EU citizen to reside in a Member State includes the right for their primary carers to reside with them. Denying residence to the parents would deprive Catherine of the effective enjoyment of her EU citizenship rights.

Key Judicial Statement: The ECJ emphasized that the right to reside of an EU citizen includes the right for their primary carers, including non-EU nationals, to reside with them. This is essential for the child to fully enjoy the rights associated with EU citizenship.

💡Leveluplaw: The Chen case clarified that the rights of EU citizens extend to ensuring that their family members, including non-EU nationals, can reside with them in the EU Member State. This decision reinforced the principle that the effective enjoyment of EU citizenship rights includes the ability to live with one’s family, crucial for family reunification and residence rights within the EU.