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Help for my children pls pls

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Kerr b
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Posts: 25
Joined: Tue Feb 03, 2015 8:06 pm

Help for my children pls pls

Post by Kerr b » Fri Aug 05, 2016 4:02 pm

Hi i have obtain PR through my unmarried eea partner
But I have problem now we are not together after finding
Out stuff that he had being doing behind my back when
The police show up at my door
I have two children which is not his biological children
currently on their 5 year eea
family permit but he was the sponsor
They would due to apply for PR as well in couple months
But I don't know what to do now that my partner and I are
Are no longer in a relationship
Can I apply for my kids ??? Under the Eu law
Are can I apply for them under the British law ?
What application can I make ?
They are in the uk for 5 year now going school and collage
One is 17 plus and 14

Ikonkar
Member
Posts: 170
Joined: Tue Oct 18, 2011 1:51 pm
India

Re: Help for my children pls pls

Post by Ikonkar » Fri Aug 05, 2016 4:13 pm

I could be wrong but can't you apply for British nationality for your kids? being you as a person settled in the UK and kids are under 18..

I could be wrong! - so apologise.
GOD BLESS
Ikonkar

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Casa
Moderator
Posts: 25753
Joined: Wed Jul 23, 2008 3:32 pm
United Kingdom

Re: Help for my children pls pls

Post by Casa » Fri Aug 05, 2016 4:20 pm

PR is required before qualifying for BC. The children weren't born in the UK.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Ikonkar
Member
Posts: 170
Joined: Tue Oct 18, 2011 1:51 pm
India

Re: Help for my children pls pls

Post by Ikonkar » Fri Aug 05, 2016 4:21 pm

Casa wrote:PR is required before qualifying for BC. The children weren't born in the UK.
Sorry - my bad..... Thanks Casa
GOD BLESS
Ikonkar

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Help for my children pls pls

Post by noajthan » Fri Aug 05, 2016 4:21 pm

Kerr b wrote:Hi i have obtain PR through my unmarried eea partner
But I have problem now we are not together after finding
Out stuff that he had being doing behind my back when
The police show up at my door
I have two children which is not his biological children
currently on their 5 year eea
family permit but he was the sponsor
They would due to apply for PR as well in couple months
But I don't know what to do now that my partner and I are
Are no longer in a relationship
Can I apply for my kids ??? Under the Eu law
Are can I apply for them under the British law ?
What application can I make ?
They are in the uk for 5 year now going school and collage
One is 17 plus and 14
You say you have acquired PR status.
Do you have DCPR too? (PR card).

Where were children born? (EEA or non-EEA?)

If relationship has ended children will not have any status from previous your partner/children's sponsor as they are extended family members (not direct family members).

The fact that children are in school may help, at least until age 18.

When did relationship with partner/sponsor end?

When did children arrive in UK?
When were their EFM RCs issued? (I think you mean EEA FM RC not permits)
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Kerr b
Newly Registered
Posts: 25
Joined: Tue Feb 03, 2015 8:06 pm

Re: Help for my children pls pls

Post by Kerr b » Fri Aug 05, 2016 4:55 pm

Yes I apply for PR card and got it Tha children was not
Born in this country non eea they came to the uk in
August 2011 on
6 months entry and then got the 5 years Dec 2011
The relationship end May of this year

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Help for my children pls pls

Post by Obie » Fri Aug 05, 2016 5:20 pm

If they are in the UK and spend 5 years already, they may well have qualified for Permanent Residence Status.

As a matter of Law, the fact that you have since separated, may not affect their position under Regulation 15(1)(b), as they met the requirement of Regulation 7(3) for the duration of their stay in the UK.
Smooth seas do not make skilful sailors

Kerr b
Newly Registered
Posts: 25
Joined: Tue Feb 03, 2015 8:06 pm

Re: Help for my children pls pls

Post by Kerr b » Fri Aug 05, 2016 5:34 pm

Ok Obie at least I get a ray of hope but can you pls tell
Me how to go about applying because I call HO and man
They all told me that my child need to go home because
Am not a EEA national to apply for them (kids) I spent
Near £300 to get consultation with different Soliciter
One told me I can spot for FlR and they will get 2.5 years
But my oldest will have to apply for him self when the first
2.5 year finish

Obie
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Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Help for my children pls pls

Post by Obie » Fri Aug 05, 2016 7:47 pm

It should be EEA PR, provided they resided with the EEA national form Entry to 5 years from that day.
Smooth seas do not make skilful sailors

Kerr b
Newly Registered
Posts: 25
Joined: Tue Feb 03, 2015 8:06 pm

Re: Help for my children pls pls

Post by Kerr b » Fri Aug 05, 2016 9:02 pm

Ok Obie thank so base on the fact that the eea national
Is not around to give his pass port and sign the PR application
How to I go about that ?? How do I fill the form please give me
A clearer idea how to go about it I still have his pay slip
At the house

asp
Junior Member
Posts: 85
Joined: Fri Feb 27, 2009 2:51 pm

Re: Help for my children pls pls

Post by asp » Sat Aug 06, 2016 11:40 am

But if the children entered in August 2011 they will not have been EFM for five years by the time the relationship ended in May 2016...

May have misread OP's timeline

Kerr b
Newly Registered
Posts: 25
Joined: Tue Feb 03, 2015 8:06 pm

Re: Help for my children pls pls

Post by Kerr b » Sat Aug 06, 2016 2:40 pm

asp when we apply for them to join us in the uk they got
6 months visa mark visa EEA FP / family member to join
(Sponser name ) August of 2011 then we apply for the 5 year
Resident card valid for 5 years December 2012

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Help for my children pls pls

Post by noajthan » Sat Aug 06, 2016 6:56 pm

Kerr b wrote:asp when we apply for them to join us in the uk they got
6 months visa mark visa EEA FP / family member to join
(Sponser name ) August of 2011 then we apply for the 5 year
Resident card valid for 5 years December 2012
Minors' PR would have been acquired around now (August).
Relationship ended 3 months too soon for that (May).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Help for my children pls pls

Post by Obie » Sat Aug 06, 2016 7:22 pm

They may be fine. 3 months is reasonable.

They children do not have to be in a Durable relationship with the EEA national.

They must have acquired rights on the basis of their relationship of dependency on the EEA national.

Therefore it may be the case, that your separation should not put them in disadvantage.

You could also register them as British and make an application for naturalisation for your self.
Smooth seas do not make skilful sailors

Kerr b
Newly Registered
Posts: 25
Joined: Tue Feb 03, 2015 8:06 pm

Re: Help for my children pls pls

Post by Kerr b » Sun Aug 07, 2016 5:08 am

Ok Obie I applied for natinalisation last month so are you
If I get approve then I can register my kids as British citizen
Even though they where not born here and only in the county
For 5 year and don get the PR stamp?

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