Apply for EEA residence card for stepchild

[Premo]

Hi everybody,

My stepchild is in the UK on a 2 week holiday from the caribbean. Upon his arrival me and my wife were questioned by UKBA. I was asked if i intend to apply for a EEA residence card for family of EEA national.

Basically i was almost forced to say no by the immigration officer and i had to be certain about it as well. He made it seem that i wasn't allowed too... If i would have said yes i'm sure they would have sent him back! Finally my step child was given exactly a 2 weeks stay.

My question is if i decide to file for his stay according to EU law (as i did for my wife) will it post any problems?

Premo

[geriatrix]

Are you and/or your partner EU/EEA nationals?


regards

[Premo]

yes i am, french national. my wife no, caribbean.

premo

[Premo]

my wife has a 5 yr. residence card as eea family member

[Premo]

hello sushdmetha,

Would it pose any problem do u think?

[Premo]

does anybody have any advice for me?

[JA13I]

Qs-

1) What was the visa/permit that was granted to your step-son for his 2 week stay?
2) How old is he?
3) If older than 21, is he dependant on you financially?

[Premo]

Hello QS,

1. He was given a 5 week stay. He got a stamp in his passport saying 5 weeks and no acces to public funds and cant work.

2. He is 8 yrs. and i & my wife will support him

[JA13I]

In which case, he is eligible to apply for a EEA RC (Residence Card) as a your family member. Have a look at this from the UKBA http://www.ukba.homeoffice.gov.uk/eucit ... s/#header2

Your family
If you have a right to live the in the UK, your family may join you here. Your family is defined as:

â– your spouse (husband or wife) or civil partner;
â– any children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent on you; and
â– the parents or grandparents of you, your spouse or your civil partner.

A word of warning though- Since he is not here on a EEA FP, it could take a while longer for them to issue the EEA RC. But, rest assured. Irrespective of what the IO may have told you at the airport, you are well within your rights to apply got the RC for your stepson

[Premo]

Evening QS,

Thanks a lot for this advice. Really helpfull. I will apply for him using the EEA2 form for non ea national.

Regards

[Obie]

A word of warning though- Since he is not here on a EEA FP, it could take a while longer for them to issue the EEA RC.

Have you any proof to back this up.

OP , I really can't understand why you never told the IO that you intend to apply for RC. You have a right to do that and the child would have been issued with a 6 months leave on code 1A. Which is in actual fact issued to people without an EEA family permit.

The child qualifies, for the reasons specified by the previous contributor. However, they might ask for proof that the other parent of the child approves of the child staying in the UK , before issuing a residence card. Provided that is not an issue, the child should be fine.

[JA13I]

BTW, Premo, 'Qs' stands for Questions. Its not my nom de plume

[Premo]

Thanks for clearing that JA13I!

Hello Obie,

Me and my wife never told the RC because to be honest we were not aware of that right '6 months leave on code 1A'...

The problem is we were pressured so much and when the IO asked me if i intend to apply i was doubting in my answer to which the IO told me I can't apply!

Can I still apply for the 6 months leave for now? If so, were would i need to do that?

[Premo]

Could I still apply for the 6 months leave for now?

Regards

[Obie]

Your stepchild cannot enter under Code 1A anymore as she is already in the UK. What she needs now is residence Confirmation. I say confirmation because she already has a right of residence as the step-child of a Migrant worker.

Apply for Residence Card and a Certificate of Application will be issued, which will state her rights, whiles her application for confirmation is being processed

[Directive/2004/38/EC]

If you are working, you can definitely apply for a Residence Card for your wife's child. http://eumovement.wordpress.com/2008/04 ... ly-member/ This is a list of all the direct family members. It sounds very straight forward in your case.

[Premo]

Thank you Guru!

It sounds very straight forward and it is. Even my solicitor says so but you won’t believe the hard time HO is giving us. Delaying every single thing and not responding at all!

[Directive/2004/38/EC]

Be sure to communicate with the home office in writing (letters!) and send them by special delivery (or registered post) so you have the tracking numbers. Keep copies of EVERYTHING! They can take a MAXIMUM of 6 months to issue the residence card, and they will take that long.

[Premo]

MAximum 6 monts....I wish! They took 1.5 years to issue my wife's one after numerous lawsuits threats from my sollicitor! I mean come on!

[Directive/2004/38/EC]

MAximum 6 monts....I wish! They took 1.5 years to issue my wife's one after numerous lawsuits threats from my sollicitor! I mean come on!

What was the context of them taking so long?

[Premo]

My wife application was a clear cut case. HO was simply delaying with the outcome. The case was passed on to several caseworkers and we were getting letters saying we should get a reply soon. After the final letter before going court they responded. Taking HO to court earlier was an option but the fee involved and the time it takes is not an easy choice to make.

[Directive/2004/38/EC]

I wonder if you could take them to small claims court. Add up your fees for advise, for postage, and for any inconvenience or missed travel/work. I suspect, though am not sure, they you might win if you present the case well.

Actually before taking them to court, I would write to them and ask them to pay for your expenses. Explain that they can take only 6 months, and they took a lot longer.

Instead of issuing Residence Cards immediately, they wait until the last minute. When they take longer, they have broken the law.