Post
by Obie » Fri Nov 20, 2009 11:25 pm
I am open to correction, but i don't think Chen rule will apply in this case.
The UK has implemented the Chen ruling into national Law as opposed to EU law. They have refused to accept the parent of EEA national child as family member under the EU regulation. To be precise, they imlemented it under Paragraph 257C of the immigration rules, as opposed to regulation 2006.
Besides the requirements they set for applicant under Chen, is such that, he will not be able to meet it.
We have to bear in mind that Mrs Chen's child had not started school in the UK, and had that been the case, she would presumably, have been covered under Baumbast ruling.
The OP would possibly be covered under Baumbast ruling, if the child are in school in the UK, and he is their sole provider, or living as a family unit, which i presume is the case.
You would have to make clear to the Home Office that you are applying on that basis and provide evidence that the children are in school, and he is contributing to their wellbeing.
Smooth seas do not make skilful sailors