EEA2 application for 24 yr old son of British Citizens

[kevin23]

Hi,
I'm a 24 year old non-EEA national whose parents have acquired British citizenship recently ( and they both are in full time employment). I have been on a student visa here for the last 5 years and currently doing a Masters degree . I have been living with my parents all this time and they are still paying for my fees. Is it OK to apply for a EEA2 residence permit and are the chances good?
Many thanks

[kevin23]

Or perhaps I could apply for EEA4 straight away since it has been over 5 years for me personally?

[thsths]

I'm a 24 year old non-EEA national whose parents have acquired British citizenship recently ... Is it OK to apply for a EEA2 residence permit and are the chances good?

No, I do not think that is the right category for you. European law applies only if at least two European member states are involved, e.g. if a Dutch person works in the UK. If your case only involves the UK and non-EEA countries, you have to follow the national legislation.

Tom

[sms82]

Not always true Tom. If there is an EU link, like the cases of Singh or Carpenter you can use EU rights against one's own Member State. There does need to be an EU link but it is not as rigid as the HO would lead you to believe.

[sakura]

You can't use the EU rules because your parents are not exercising treaty rights in the UK - they are British citizens in the UK so would be following UK rules.

Unless they have lived in another EU country (with you)?

If not, then there isn't any chance you can apply for residency under the EU regulations.

This leaves only the UK regulations, and that wouldn't offer much hope either. You'd have to qualify for residency on your own accord.

[sms82]

You can exercise your treaty rights in your own Member State, it is possible! See case c-60/00 Mary Carpenter v Secretary of State for the Home Department. But you will need legal advice about it. Contact a lawyer who deals with EU law to pursue this.

[sakura]

You can exercise your treaty rights in your own Member State, it is possible! See case c-60/00 Mary Carpenter v Secretary of State for the Home Department. But you will need legal advice about it. Contact a lawyer who deals with EU law to pursue this.

Nobody claimed that it is not possible to exercise treaty rights in one's own country - I am (and many others are) already aware of this, but the point is that unless his parents have had some sort of activity in another EU country (i.e. residence or something job related as in Carpenter), then he cannot use the EU directive.

[sms82]

You can exercise your treaty rights in your own Member State, it is possible! See case c-60/00 Mary Carpenter v Secretary of State for the Home Department. But you will need legal advice about it. Contact a lawyer who deals with EU law to pursue this.

Nobody claimed that it is not possible to exercise treaty rights in one's own country - I am (and many others are) already aware of this, but the point is that unless his parents have had some sort of activity in another EU country (i.e. residence or something job related as in Carpenter), then he cannot use the EU directive.

I just wanted to be sure that kevin23 knew this and could look into the matter further if there were indeed a link. Because the rules for EU family dependency are much easier to fulfil than UK dependency.