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No human rights involved. The child does not have a human right to reside in the UK.Derivative rights of residence–Chen cases revised wrote:Assessing if the Chen criteria are met
14.In order to assess whether a primary carer of an EEA national has a right of residence in the UK caseworkers should firstly consider whether the EEA national child is exercising Treaty rights in the UK as a self-sufficient person.
18. Furthermore, the EEA national child, by virtue of new regulation 4(5), must comply with the conditions of regulation 4(2) so requiring that they have adequate funding and comprehensive sickness insurance for their family members as well as themselves.
For the avoidance of doubt i do not accept that analysis. There clearly is no basis in EU law to justify that. EU law does not only provide for the right of a person to reside it also provide for a person entry. The treaty does not permit the UK to simply facilitate right of residence only. The UK is fully bound by the treaty to permit these people to enter.secret.simon wrote: ↑Sat Dec 29, 2018 5:54 pmIn order for Chen to apply, the EEA citizen child must already be in the UK.