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Chen pathway German children moving from non-EU to EU

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Sundgauer
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Chen pathway German children moving from non-EU to EU

Post by Sundgauer » Sat Oct 24, 2020 1:25 am

Hello everyone,

I've read many posts here on Chen, but, a scenario I haven't come across yet:

My kids and spouse are EU citizens (German) and I'm Canadian, we all live in Canada. My husband retires in 6 years with a full pension. Under the Chen pathway could I apply for status in an EU country other than Germany in 5 years (or earlier) with our kids, and move there ahead of his retirement, him to join us later?

I guess the legal question here is does Chen apply when the EU member children move from a non-EU country to an EU country that is not their country of citizenship, and does that confer derivative rights of residence under Chen on the primary care-giver mother?

Many thanks for any insight!

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Zerubbabel
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Re: Chen pathway German children moving from non-EU to EU

Post by Zerubbabel » Mon Oct 26, 2020 9:24 pm

Hello

I don't believe it's viable. Derivative rights applications are too complex with a lot of strict tests in order for them to get approved. It seems to me you pulled a rather complicated plan.

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