brana1 wrote:Hi,
great to read all about useful information being shared on this forum.
i have been inactive for a long time from the site.
Can some one please help me in the given situation i have here, just couldn't find any guidance in UK Immigration Law or EU Law.
Me and my children are in UK under successful sing law, I have children from previous marriage not from British wife.
But now she is (British step-mother) not behaving nice with my kids. one of daughter is in Medical problem (Asthmatic & Eczema), its been 8 months they joined me in UK & saw their mother. Their mother is also willing to take children back in this situation.
I don't want kids to go back. please advise if the non-EEA Parent of non-EEA child living under EU Law in UK can join them or apply for EEA Family Permit or Access to child right which is also not a case as kids are not British or settled yet?
just to add one more thing my daughter has British Birth Certificate and was born in UK when my ex was living with me 8 years ago.
I have been looking for all sorts of information but couldn't find a solution for this case.
if Gurus can advise on this case would be really helpful.
Regards,
It will be most interesting, as i am of the view that a child who was not in the other member state where the British Citizen migrated to, cannot qualify.
Regulation 9(2) seem to indicate the residing with only applies to spouses.
It will be interesting.
The child can be registered as British once you have obtained ILR, or if the child has never been away from the UK, can register in his or her own right when he/she turn 10 years.