URGENT - EEU DEPENDENT CANCELATION

[ANGELA LIMA]

Dear all,

My case :

I have a sole parent responsibility ( with Brazilian court order) for a child who is 16 years old, who at the moment , is an EEU dependent due my marriage to an EEU citizen.

I am living in the UK. Child came to UK in December 2006, was in my student visa until 2010,when he became an EEU dependent due my marriage.

He is having contact with my ex-boyfriend( not his biological father) and he becomes aggressive and ran away home, went to the police station , claimed that I am biting him , and he is now under child protection and social services is about to contact.

Unfortunately, my ex boyfriend is revenging due the broke up of the relationship( 7 years ago) and he is influencing and helping my son against me. My son just waited to turn sixteen now in July to start rebelling. So, made false allegations to the police against me and I think he is trying to stay in the UK now that he is 16 without parental control.

My son is a Brazilian national.

Can we cancel his permission to stay as dependent of an EEU to go to his biological father in Brazil? Because this will be the best course of action to take my ex-boyfriend control.

Please let me know your views,

[el patron]

There is no permission to be cancelled, he has a right under the directive as a family member. He may also have alternative applications open to him to remain in the UK under immigration rules.

At present the only people who have parental responsibility are you and his father, however he is of an age where his thoughts and best interests will have to be taken into account, this may require the involvement of social services and they could seek court orders if they believe removal from the UK is imminent and not in the child's best interests. You should seek legal advice without delay about this child welfare matter.
You may of course be entirely correct that the child would be better with his father, but if it is not what the child wishes that is difficulty.

[ANGELA LIMA]

Thanks.

But as he is not going to be a dependent, what is his status in the UK?

[el patron]

Thanks.

But as he is not going to be a dependent, what is his status in the UK?

This is interesting, either he is a family member or he is not, there is no divorce between children and parents! He only has to show dependence when he becomes 21. Hence as I read it he retains his EEA status until 21.

[ANGELA LIMA]

Thanks for your kind reply.


My son father is in Brazil. I am in the UK as an EEU dependent. His father is not an EEU , he is a Brazilian citizen, living in Brazil. My husband is EEU. Technically, I understood , that if my son wants to leave by himself , he is not a dependent of my husband anymore.
His EEU family member permit expires in 06/2015.

Can you kindly clarify the situation please?

[Obie]

That is an incorrect understanding of the law.

Your son can live in the UK for as long as he likes provided he has resided here for 5 years before his 21st birthday, and your husband continue to be a qualified person.

Even if your husband ceases from being qualified, he will still qualify, provided your husband was a former migrant worker and your son is still in Education.

He can only be removed if he commits a serious criminal offense, or your husband decided to leave the UK.

For as long as your husband is here working, your son will have a right to be her, even though he does not live with you.

[ANGELA LIMA]

Thanks

As an EEU family member he is for 4 years and technically he is not an dependent any longer.
UK BORDER asked to report him to the Case Worker team.
Can he as a 16 years make an application by himself in another category? He was an student dependend since 12/06 and 06/10 became a family member of an EEU. He is only 16 now.

I wait for your reply.

[Obie]

No. For as long as he is under 21 and you are still married to your husband, UKBA can do him absolutely nothing.

It is unfortunate that i have been unable to convey the fact to you, in a way you understand.

[Jambo]

Just to reiterate what was said - children under 21 don't need to be dependant. They automatically qualify under EEA regulations. It doesn't matter if he is dependant on you or not.

[ANGELA LIMA]

Maybe I was not clear... My husband is not his father and my son is only 4 years as an EEU dependent and 3 years as a student dependent. Can he still have permission to stay in the UK?

Also, there is another legal part , because there are adults not related to our family who is influencing my son on this.I've found out emails and internet evidences.

[el patron]

As stated before he requires no permission, he benefits from EC treaty rights automatically, with few provisos.

[Obie]

You were very clear.

As we said, step sons of EEA national has similar rights to sons of EEA nation, unless their mother divorces the EEA national, and even so, some laws continue to have effect.

The bottom line of the matter is, your son has write, which cannot be easily taken away from him.

Your english is good. We understood you very well. We know it is your husband who is your son's step dad that has EU citizenship.

My advise to you was based on my understanding of that.

[bluecole2]

Maybe I was not clear... My husband is not his father and my son is only 4 years as an EEU dependent and 3 years as a student dependent. Can he still have permission to stay in the UK?

Also, there is another legal part , because there are adults not related to our family who is influencing my son on this.I've found out emails and internet evidences.

You may want to keep copy of the email or internet evidences to support your side of the story should you need to speak to the police or social service.