EEA family permit for the parents of a minor EU national

[ck4137]

Did anybody get EEA family permit on the basis of the parentage of a minor EU national(non-British Children)?

[splanky]

I posted off my application for one yesterday. I'll post on here if I'm successful.

That was my second attempt at getting a family permit. The first one was refused because the UK Visas and Immigration staff member who processed it assessed the application incorrectedly. It was assessed under Regulation 7 of The Immigration (European Economic Area) Regulations, instead of Regulation 15A. Since then I have had to become familiar with this immigration law, and I was able to quote the correct regulations under which my application should be assessed.

The immigration officer who refused the first application appeared not to be able to find his arse with both hands. He also mentioned in the refusal that my daughter and I are from the Philippines. We are not, we are from Australia and have never so much as visited the Philippines. So I guess there is still lots of scope for my application to be refused if they are just going to make stuff up, or cut and paste from other refusal letters.

Splanky

[el patron]

I would have recommended (with regard to your first application) emailing the Entry Clearance Manager pointing out the errors in that decision, perhaps you already tried that? Are these applications now processed in the UK or Australia?

[splanky]

I thought about complaining about treatment of my last appliation, but I was not sure where to do so. I did point out the problems in the anonymous survey I filled out.

I decided to apply again rather than appealing as the process seemed easier.

Applications from Australia are processed at the regional processing centre in the Philippines.

[el patron]

Are you an Australian national? If you are why not make the application (for an EEA residence card) from the UK after arrival? Indeed even at the airport on arrival if needs be!

[zsxue]

Yes,now you can apply for an EEA family permit if you’re the main carer of a financially self-sufficient child who is an EEA national. See https://www.gov.uk/family-permit

[splanky]

The migration agent who is helping me (for limited values of "help") encouraged me to go to the UK and apply for a derivative residence card from there, but I decided to apply for a family permit for two reasons.

1) I don't want to risk packing everything up and moving across the world only to have the application refused. I can sort it out from home without committing to a big move, so that seems the sensible thing to do. Also I think if I have a family permit, then that indicates I have passed the criteria for the derivative residence card anyway, and they are more likely to grant that without a fuss.

2) I can't use income from future use of the Chen right to be considered self-sufficient BUT if I go to the UK and work on a family permit, then I can use that income for the application for the derivative residence card. Normally it would be difficult to work in the UK before applying for the derivative residence card and getting the COA to show an employer, but I have my own consulting business and I will be able to continue to work for my Australian clients.

Splanky

[el patron]

You are very well versed, my compliments, in theory I agree your approach makes sense, however you have come across the 'fly in the ointment' for this scenario already, that being - will an ECO be able to follow what you are saying, giving the clearly limited training they are provided in this area?

Good luck, keep us informed and certainly appeal and in tandem ask for a review of any further refusal.

[ck4137]

Do you think if both parents can apply for EEA family permit ?

[splanky]

If both parents are joint primary carers and not exempt, yes. From regulation 15A

(6) For the purpose of this regulation—
(c) “an exempt person” is a person—
(i) who has a right to reside in the United Kingdom as a result of any other
provision of these Regulations;
(ii) who has a right of abode in the United Kingdom by virtue of section 2 of the
1971 Act;
(iii) to whom section 8 of the 1971 Act, or any order made under subsection (2) of
that provision, applies; or
(iv) who has indefinite leave to enter or remain in the United Kingdom.


(7) P is to be regarded as a “primary carer” of another person if
(a) P is a direct relative or a legal guardian of that person; and
(b) P—
(i) is the person who has primary responsibility for that person’s care; or
(ii) shares equally the responsibility for that person’s care with one other person
who is not an exempt person.

[ck4137]

Do you think the Chen's parents can use Surinder Singh Route to go back to their EU child's home country?