IMMIGRATION: W (China) v X (China) [2006] EWCA Civ 1494

09 NOV 2006

(Court of Appeal; Buxton, Sedley and Dyson LJJ; 9 November 2006)

The child was an EU citizen, having been born in Ireland, but the parents were not, having come from China. The parents sought entry to the UK, with the child, on the basis of the child's right to free movement within the EU.

Pre-conditions applicable to adult EU citizens seeking to exercise their right of free movement applied to the child as an EU citizen. Before exercising the right to free movement, the parents and the child therefore had to demonstrate possession of medical insurance as well as sufficient resources to avoid becoming a burden upon the social security system.

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