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Can EU national child apply EEU treaty visa for UK for mothe

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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zaidamjad
Junior Member
Posts: 59
Joined: Thu Dec 18, 2008 10:51 am

Can EU national child apply EEU treaty visa for UK for mothe

Post by zaidamjad » Sat Sep 03, 2016 11:05 am

Question:
My daughter who is EU/ Irish national( 13 years old) and currently living in Non EU country with her non EU monther and brothers( 12 and 18 years old). My question is that if she qualifies to apply a EU treaty right visa to bring her mother and two siblings in UK? She wants to continue her studies in UK as an EU national.
If she can apply then which form to use and what would be the process ?

Thanks

iamanalien
Junior Member
Posts: 65
Joined: Wed Apr 29, 2009 12:21 pm

Re: Can EU national child apply EEU treaty visa for UK for m

Post by iamanalien » Sat Sep 03, 2016 11:47 am

Is this just for a short term visit or for residency?

If for residency then the following may apply:
Parents are considered to be Qualified family members if dependency is established.
Meaning the parent has to be dependent on the EU child due to ill health, lack of financial mean or unsafe environment.
Siblings probably fall in the permitted family members category if dependency is established.
Dependency has to be proven with documentary evidence. Proof of money transfers over a long period of time, bank statements etc...

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

Re: Can EU national child apply EEU treaty visa for UK for m

Post by noajthan » Sat Sep 03, 2016 11:49 am

zaidamjad wrote:Question:
My daughter who is EU/ Irish national( 13 years old) and currently living in Non EU country with her non EU monther and brothers( 12 and 18 years old). My question is that if she qualifies to apply a EU treaty right visa to bring her mother and two siblings in UK? She wants to continue her studies in UK as an EU national.
If she can apply then which form to use and what would be the process ?

Thanks
What nationality/immigration status are you?
Why can daughter not join you?
Who is primary carer of child?

Start here:
https://www.gov.uk/family-permit/deriva ... -residence
All that is gold does not glitter; Not all those who wander are lost. E&OE.

zaidamjad
Junior Member
Posts: 59
Joined: Thu Dec 18, 2008 10:51 am

Re: Can EU national child apply EEU treaty visa for UK for m

Post by zaidamjad » Sat Sep 03, 2016 11:55 am

She is only 13 years old and can not be considered as supporting family by financial means. Mother is primary
career of child.
I am British national , spouse visa refused due to financials requirements and immigration history of wife.
Child lived with me 4 months last year and could not mange without her mothers and Brothrs.

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

Re: Can EU national child apply EEU treaty visa for UK for m

Post by Obie » Sat Sep 03, 2016 12:18 pm

They cannot come to UK unless Chen Applies .
Smooth seas do not make skilful sailors

secret.simon
Moderator
Posts: 11113
Joined: Thu Feb 21, 2013 9:29 pm

Re: Can EU national child apply EEU treaty visa for UK for m

Post by secret.simon » Sat Sep 03, 2016 1:24 pm

Obie wrote:They cannot come to UK unless Chen Applies .
See Home Office internal guidance on Derivative Rights of Residence – Chen Cases.

For Chen to apply, the EEA child should be self-sufficient and hold Comprehensive Sickness Insurance for herself and all non-EEA family members accompanying her.

Also look at the eligibility requirements for derivative residence card. But be aware that likely only the mother and younger brother would qualify and they would have to leave the UK when the EEA child turns 18.

I take it that the brothers are not EEA citizens.
zaidamjad wrote:Child lived with me 4 months last year and could not mange without her mothers and Brothrs.
Be aware that emotions do not play a part in either the Immigration Rules or the EEA Regulations.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

iamanalien
Junior Member
Posts: 65
Joined: Wed Apr 29, 2009 12:21 pm

Re: Can EU national child apply EEU treaty visa for UK for m

Post by iamanalien » Sat Sep 03, 2016 1:42 pm

Your wife and non EEA children would stand a much better chance if you personally did the SS route, preferably in Ireland.
The only issue is BREXIT, but even as a Brit living and working in Ireland you may have certain rights under Irish law for family reunification. This would of course mean a lengthy stay in Ireland but may be your last option.

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