eea route to take

[sriman07]

Hi,
I am a Filipina who is having a 32months son, who is a British passport holder. My partner has been separated from his wife since 2003, and she doesnt have any legal status in the UK, she is living in India since their separation. As me and my partner thought, I may not be given a settlement visa due to his situation (as divorce maybe too impossible to happen due to cultural issues), we are thinking to live in another EU country if it could be possible then..I would like to ask if I can come with my son being a minor to live in any EU country exercising his treaty rights, by which all our living expenses will be paid by my husband..

Any suggestions or advices is greatly appreciated..Thanks

[86ti]

You are obviously referring to the Chen case. But how would your husband generate sufficient income? And you also need to clarify your usage of partner/husband as you say that your partner is not divorced yet.

It may be possible that the parents of an EEA minor may be able to work but member states have different interpretations and as far as I know the Chen case leaves it open whether that would be possible or not.

[glace81]

My son will be 3 Years old by this August. He is a British passport holder. I am a filipino. My son lives with me in Philippines. Can my son who is British exercise his right to stay and live in any EU country with his mother. Can i as a filipino get automatic right to live in any EU country to live with my son. My partner who is British will be supporting my stay in the EU country. My settlement visa to UK has been refused since my partner is not yet divorced from his estranged wife. What sort of EU rights my son possess. Can he enable me to go and live in any EU country since my partner is willing to support us during my stay in this EU country. I also have a 10 year boy from my previous relationship who is filipino. My partner is willing to adopt him. If he too will be able to stay with me in the EU country, will he get the EU passport as soon as the adoption process goes through while i live in the EU country.
Glace

[glace81]

My partner will be living in UK during my proposed stay in EU country since he has a job in U.K. He cannot live with me in EU country. Can I go to EU country with my son exercising his right to live in EU with his mother. My partner who lives in UK is willingingly to support financially during my stay in EU. How long it takes for my eldest son to get a EU passport after the completion of adoption process
thanks
glace

[Wanderer]

How can he be your husband if he is still already married?

[86ti]

My partner will be living in UK during my proposed stay in EU country since he has a job in U.K. He cannot live with me in EU country. Can I go to EU country with my son exercising his right to live in EU with his mother. My partner who lives in UK is willingingly to support financially during my stay in EU. How long it takes for my eldest son to get a EU passport after the completion of adoption process

Answer as above, see Chen case. See also this thread. You would have to find out if the member state you plan to live in would have any objection to third party support. But as long as your partner legally binds himself (through an affidavit or similar legal act) to pay for the both of you, I guess, this may be working out.

Regarding the adoption you better ask in the General UK subforum.

[glace81]

I have been quoting my partner as my husband because we both married in Philippines as per islamic tradition and our marriage is being approved and recognised by the Philippines government. My partner is seperated from his extranged wife since 2003. He has been living on his own in U.K. since then before he met me. I did visit U.K on a visitor visa three times, but now since i applied for a settlement visa the UK immigration has even refused the visitors visa. I am appealing against both refusals of visitor's as well as settlement visa. We are hoping to fight the case on the basis of european human rights acticle 8.
glace

[86ti]

From the viewpoint of the UK your partner is still married to the other woman and you are not married to him. I also wonder if there is really a human right component: 1) Why can't you have a family life in the Philippines where your marriage is obviously recognized? 2) Why can't your partner get divorced? These are the obvious questions you will have to consider.

[glace81]

thanks for the reply, I have two sons, the eldest is 10 year and the youngest is turning 3 years this August who is British. My partner cannot settle in Philippines since there are no jobs which can support our family in Philippines. He works in U.K. He has been supporting since he met me 4 years ago. I would like a clarification whether my British son could be able to exercise his treaty rights to stay in any EU state and get me a residance permit. My partner will support my stay in the EU state.
glace

[86ti]

My partner cannot settle in Philippines since there are no jobs which can support our family in Philippines.

But that's an economical problem and not one of human rights, I suppose.

II would like a clarification whether my British son could be able to exercise his treaty rights to stay in any EU state and get me a residance permit. My partner will support my stay in the EU state.

I can only refer you once again to this thread (there are others as well...). The short answer is 'yes, in principle' but you may find (strong) opposition in some member states. You may need the help of a comptent lawyer.

[mrlookforward]

Your marriage wont be recognised in UK. Seems like Chen might be able to help you, and for this purpose, ireland should be your best destination. but as it has been mentioned by other members, this is something where a good immigration advisor is required. Your partner should also try to get his divorce sorted. let me warn you, that its not cheap to live in ireland, and you should think carefully before making any move. everything will come crumbling down if you settle in an eu country and then your partner finds himself unable to meet all your expenses.