Minor EEA National

[euspouse07]

Dear all,
I could not find any answer to this question on this forum.
What is the defintation of EEA national?
Can a Minor being a EEA national invoke same rights a an adult EEA national?
Is it possible for a parent to rely on making an application for EEA permit on the basis of minor eea national if they have intention to move to UK.
Please not , a minor can not make a decision as it will be the adult No-EEA national parent making a decision for the betterment of the minoir EEA national.
kindly advise

[vinny]

The definition of an EEA national may be found in 2. General interpretation.

Also, EEA citizen

a person who is:
(a) a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland, and who (unless they are a relevant naturalised British citizen) is not also a British citizen; or
(b) a relevant person of Northern Ireland

EEA citizen

a person who is:
(a)(i) a national of: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden or Switzerland; and
(ii) not also a British citizen; or
(b) a relevant naturalised British citizen; or
(c)(i) a national of a country listed in sub-paragraph (a)(i) above; and
(ii) (where the applicant meets the criteria in paragraph 9 of Schedule 6 to the EEA Regulations as the family member (“F”) to whom that paragraph refers) a British citizen within the meaning of the person (“P”) to whom that paragraph refers; or
(d) a relevant person of Northern Ireland

EU DERIVATIVE RIGHTS – ZAMBRANO, IBRAHIM, TEIXEIRA AND CHEN

Derivative rights of residence

EEA family permit for parent may be possible, similar to Zambrano entry clearance – a window of opportunity or the route of last resort for the parents of a British child considerations. But not easy.

[euspouse07]

Thanks for your help.
Links are informative but they are not addressing my concern.
Can a minor EEA NATIONAL invoke same rights as the Adult EEA National ?
Derivative rights, as you rightly pointed are Limited and also rely on the discretion of the entry clearance officer.The strange part is that in the guidance sheet , there is no mention for the people applying from the outside the UK.
In our case, PARENT of EEA NATIONAL residing outside the uk but in the member EU STATE wishes to move to the UK.
So the question is that can they rely of EEA FAMILY PERMIT OR DERIVATE RESIDECE ROUTE ?

[JB007]

Please not , a minor can not make a decision as it will be the adult No-EEA national parent making a decision for the betterment of the minoir EEA national.
kindly advise

The UK is another country in recesssion due to the coronavirus and unemployment will keep rising. Have you already got a job offered in the UK? That will pay enough for you to be able to house and feed your child? EEA countires have to pay benefits but as the UK has left the EU, the UK will not pay welfare benefits to those on pre-settled status.

[euspouse07]

Thanks for you input and concern.
Please don’t be judgemental about others !
My question was simple that if non-Eu parent/carer can rely of minor Eu national to make an application for EEA FAMILY PERMIT ?

[Zerubbabel]

Thanks for you input and concern.
Please don’t be judgemental about others !
My question was simple that if non-Eu parent/carer can rely of minor Eu national to make an application for EEA FAMILY PERMIT ?

I am thinking about the Derivative right of residence under CHEN.

However, you don't have much time.

There are other rights such as Zambrano, Ibrahim... etc. but the difference between them is very subtle. So each detail is important.

Can you please state your status, immigration history and the child immigration history. Where is the child other parent?

[euspouse07]

as per the information available to me,Minor child is residing with one parent in Eu member state who is legally granted permission in that state.
another Question is regarding the NO-Eu uncle who is playing vital and constructive role in the life of EEA national.They wonder if the uncle can rely on the derivative rights too?

[Zerubbabel]

I think it's very unlikely that you will be able to bring a child to the UK then use him to further justify the residence of multiple family members. Even an adult can't bring an uncle just like that.

With the limited information you have, I don't think you will be able to explore all immigration options. When it comes to children and carers, routes exist but they are inherently complex. You need a full and detailed history.

Also, time is playing against you. EEA nationals don't have too long window of opportunity to come to the UK and bring relatives.