rules for non eu parent of eu citizen

[rachel29]

Hi,

Just wanting some info on this matter as the way I am interperate eu law compared to how ukba interperate eu law seem to differ. Me and my family may need to move to uk in future months due to ill relatives.

I am british citizen classed as self sufficent living in ireland with my husband who has 5 year card eu family member our child is dual citizen irish and british .

We would want to apply for the family permitt for my husband through our child is this still possible with new rules? ( my child has never lived in uk)

Will my husband have the right to work in uk?

Once in the UK is it possible to apply for permanent residence after a time or can he apply as my husband for ILR?

My reading of the rules is that he would be allowed to work as he is the family member of a self sufficent eu citizen and would have the same rights as he has in ireland but when I read the information on the english side of things it seems to suggest that he would not be allowed to work as he is the non eu parent of a self sufficent eu citizen which seems to be a miss interpretation of eu law or am i wrong?

would really appreciate if anyone can give me info or has been though the same procedure as want to get all prepared as am sick of having to fight for every step of getting eu rights. and the procedures in place to fight take so long solvit etc.

[Jambo]

The best way is to use the Surinder Singh route. To qualify for that you would need to be employed/self employed in Ireland.

You can't make use of the child Irish nationality because he is British (a recent change to the regulations). You can't make use of the "parent to a British child" as the HO applies that only in cases of sole carer and have a view that this will not lead to PR under the EEA regulations.

[rachel29]

we have allready applied for the family permitt prior to the chnges being anounced and are in the middle of appeal as was refused as they took a copy of childs birth certificate and returned original. Surelly though this is going against eu law as it is over riding my child irish rights of a eu citizen excercising free movmeent

[Jambo]

If you applied already before the changes in the regulations, then you can still use the child Irish nationality (assuming your appeal is granted). The HO view as reflected in the new regulations is that the parent would be granted a derivative RC which doesn't lead to PR under the EEA regulations (although can apply for ILR under the 10 years long residence route).

[Rania]

I thought by putting CHEN under EEA regulations, one will not be able to get ILR after 10 years on CHEN because ILR is based on leave to remain and not residence or derivative residence under the EEA route??

[Jambo]

Strictly speaking you are right although the HO has been applying their discretion in cases of 10 years applications with periods under the EEA regulations. If they will keep this practice in future, is yet to be seen.