Updated: Jan 8, 2022
EU-CITIZENSHIP OF CHILDREN: FUNDAMENTAL STATUS
GENUINE ENJOYMENT OF EU RIGHTS
WHAT DOES THIS CASE MEAN FOR ME?
Even if you do not have a European nationality, nor does your partner but your children are born in a European MS granting them nationality, then they have the right to enjoy their EU-citizenship in this host state. This means that as long as they are little and can’t enjoy it by themselves, you have the right to stay in the host state, even if your visa was denied.
Husband and wife with Colombian nationality move to Belgium on a short-term visa. Yet, they stay longer and get a job and two children. The children have Belgian nationality as they were born in Belgium and the parents did not apply for Colombian nationality (conditional jus soli). The Belgian authorities find out that the husband is working illegally and try to deport him back to Colombia.
1. Belgium's decision to deport the parents does not respect the EU-citizenship of the children.
→ The children are Belgian thus enjoy EU-citizenship
2. EU-citizenship is fundamental status (Grzelcyk case)
3. NATIONAL MEASURES THAT DEPRIVE THE EFFECTS/GENUINE ENJOYMENT OF EU RIGHTS VIOLATE EU LAW. (§42,45)
→ If the Belgian authorities deport the parents, they deprive the children (because they are too young to stay by themselves) from the enjoyment of their EU-citizenship based (Art. 20 TFEU). As they can’t use art.21 TFEU because it's a purely internal matter (no borders have been crossed, not even regional)