DEVELOPMENT OF EDUCATIONAL RIGHTS OF MIGRATING CHILDREN IN THE LIGHT OF FINANCIAL SOLIDARITY OF EUROPEAN UNION MEMBER STATES

Abstract

The right of residence of children during education doesn’t depend on keeping the status of worker by the parent, what is necessary in all other cases. This right doesn’t depend on economic independence neither, although that is a general rule. Children have the right to education and also the right to be cared of by their parents or other relatives. It gives the right of residence to the adult which is also independent of the requirement of financial self-sufficiency. It also means a social assistance to be provided by the host country which is not limited by the criteria of unreasonable burden on the social assistance system of that country. The use of these rights may take many years (by the child to complete the education and by the adult until the child reaches the age of majority). What is more, after 5 years of legal residence it is possible to obtain a permanent residence permit or at least long-term resident status. The rights of workers’ children have developed widely. Financial solidarity of European Union Member States has become a challenge then. However, children of self-employed persons are not in the same position as those being descendants of workers. Self-employed persons have been paying social security contributions and other applicable taxes during their economic activity. Thus they earned for their social assistance when needed. However their children during education are not privileged as much as children of EU workers.