entry clearance for none EEA parents accompanying EEA kids

[Rania]

MY husband and myself are both none EEA nationals with EEA(Irish) children under 18.We were planning to settle in the UK under the 'retirement of independent means' category, but this route has recently been closed.We are now studying the possibility of entering the UK under the EEA law which allows none EEA parents of EEA children under 18 to enter and eventually gain permanent residence( after 5 years) if they are accompanying their minor children( Chen case), provided the EEA children are self-sufficient.Self suffiency being that their parents can provide enough funds( without working) for the whole family to live in the UK as well as having sickness insurance.We already own property in the UK and have close connections who are British citizens.( children's grandmother and uncle and aunts!)
Kindly advice us how to proceed with this immigration process and where to seek advice?

Thanks,

[thsths]

MY husband and myself are both none EEA nationals with EEA(Irish) children under 18.We were planning to settle in the UK under the 'retirement of independent means' category, but this route has recently been closed.

Really? It would seem to me that the UK needs an influx of money now more than ever. Removing this option would be a very daft decision... although not the first one.

We are now studying the possibility of entering the UK under the EEA law which allows none EEA parents of EEA children under 18 to enter and eventually gain permanent residence( after 5 years) if they are accompanying their minor children( Chen case), provided the EEA children are self-sufficient.

Yes, that should be possible, but not easy. The UK is obviously not happy with this decision, so you may have to assert your right in court.

Even then you have to think about the timing. The right of residence ceases when your children become independent, which would usually be around the age of 18. You will have to leave then unless you have acquired PR.

Kindly advice us how to proceed with this immigration process and where to seek advice?

I think the case is complicated enough to hire a lawyer. But you could also just make an application for an EEA Family Permit at the British embassy and see what happens. It may just be granted, and if not you can still get a lawyer for the appeal.

[Rania]

so from what I understand the UK authorities can after say 4 years (PR being usually granted after 5 years)request that the none EEA parents of EEA children over 18, whom the parents have been living with under the same roof , to leave the UK! wouldn't that be against EEC law of splitting families up( . This is Especially since the children would be continuing with their higher education at universities which the None EEA parents would be paying for, so making the children still dependent on their parents.

[John]

Rania, where are your husband, the children and you now? In which country?

[Rania]

We are in Abu Dhabi the capital of the United Arab Emirates.

[John]

That being the case I think you and your husband need to apply for EEA Family Permits, in order to permit the whole family to move to the UK.

[Rania]

Thanks, John. However from what I gather it seems we,as non dependent parents of EEA minor children don't qualify for a family permit.the children have to apply for registration certificates as EEA minor self sufficient children excercising thier treaty rights( EEA1 app. form) being funded by us the parents! then hopefully when they get these certificates we can get a sort of residency stamp( I don't really know the exact details) ; hopefully the residency period we are given will not be less than 5 years so we can apply for permanent residency.

[Ben]

Thanks, John. However from what I gather it seems we,as non dependent parents of EEA minor children don't qualify for a family permit.

Are you sure? I think you do qualify for EEA FPs, since you are the non-EEA family members of an EEA national who will be exercising Treaty rights in the UK.

Incidentally, since you and your spouse will not be able to work in the UK for the first 5 years, how do you intend to support yourselves (including your child), during this time? This is the number one question that the UK authorities will want answering.

[Rania]

It seems under The Chen ruling(ECJ C-200/02) the ruling did NOT state that the EEA national child's parents would have a right to reside as a 'family member' as defined under EC law. Furthermore, they did not consider that a parent can be 'dependent' on a child!!( I am just reiterating their way of putting it!!!!)

My husband is nearing retirement and was going to enter the uk under the recently deleted " retirement of independent means" category so we planned to be self- sufficient anyway and hopefully we can prove it to the UK authorities.!!

[Ben]

..they did not consider that a parent can be 'dependent' on a child!!

Indeed. But the EEA FP is issued to non-EEA family members of an EEA national. Not necessarily dependant non-EEA family members.

There are instances, in accordance with the provisions of Directive 2004/38/EC, where family members do not necessarily need to be dependant (such as the "member of the household" category).

The ruling of the Chen case is different, as you say, but it's judgement continues to have effect and, providing you meet the qualifying criteria, I can't see that the UK authorities could refuse to grant an EEA FP for you and your spouse.

[sakura]

It seems under The Chen ruling(ECJ C-200/02) the ruling did NOT state that the EEA national child's parents would have a right to reside as a 'family member' as defined under EC law. Furthermore, they did not consider that a parent can be 'dependent' on a child!!( I am just reiterating their way of putting it!!!!)

My husband is nearing retirement and was going to enter the uk under the recently deleted " retirement of independent means" category so we planned to be self- sufficient anyway and hopefully we can prove it to the UK authorities.!!

How old are your children?

[Rania]

Our children are 15 and 12 years so hopefully the Chen category for minors under 18 years will work!!!

[John]

Rania, as you are probably aware there is a lot of detail on this webpage.

This is obviously a subject that you have studied considerably. I still think that you and your husband need to apply for EEA Family Permits. If you disagree with that, what do you think should be applied for?