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Sorry but i dont quite understand the concept of the question..Family Permit, has your wife been exercising EU Treaty Rights in another EU or EEA country?John wrote:stevec, dealing with your second question about EEA Family Permit, has your wife been exercising EU Treaty Rights in another EU or EEA country? If yes, please give details.
If no, then there is no possibility of your wife, a British Citizen, getting an EEA Family Permit for her daughter.
As regards "sole responsibility" you might like to have a read through these instructions to ECOs dealing with child settlement visa applications.
Indeed it does! It means that you and your wife living in the UK are not exercising EU Treaty Rights. You are both here because you are British Citizens.My wife and i are both British does this make a difference?
If the two of you had lived in say France etc etc you would be exercising EU Treaty Rights, the right to live and work in another EU country. Indeed another EEA country, a slightly wider definition. But it sounds like you have not done that, and are not thinking of doing that, so getting your step-daughter an EEA Family Permit is a total non-starter.What do you mean about excercising EU treaty rights in another country?
John wrote:Indeed it does! It means that you and your wife living in the UK are not exercising EU Treaty Rights. You are both here because you are British Citizens.My wife and i are both British does this make a difference?
If the two of you had lived in say France etc etc you would be exercising EU Treaty Rights, the right to live and work in another EU country. Indeed another EEA country, a slightly wider definition. But it sounds like you have not done that, and are not thinking of doing that, so getting your step-daughter an EEA Family Permit is a total non-starter.What do you mean about excercising EU treaty rights in another country?
You didn't seem to believe Frontier Mole when he first told you that an appeal would be futile. Hopefully you believe him now he has told you a second time.I dont suppose if any one can tell me if i'll be wasting my time with the appeal ......
Your problem is that the ECO does not need to go that far into the situation. He/she merely needs to see if the sponsor has SR, and has concluded they do not. That view is certainly not unreasonable, and it is certainly defendable at any appeal hearing .... hence your problem.Surely this does not give the father sole responsibility, so who does it lie with?
Frontier Mole wrote:You are wasting your time with the appeal. Is that clear enough for you?
You are working with immigration law not the great mass of all the other stuff you have quoted.
As for ECHR & the UK - you fail on that as well. There is no family life at present.
Going for an EEA family permit - You will struggle to get her through as an EEA family member even on HR as again there is no family life. How can Art 8 be engaged when she has never lived with your wife in the same household?? It will depend very much on the individual view each EEA country has to family member rules.
If you want an easier route try student visa to UK then at least you have a chance without the need to move or change jobs etc.