Family Permit inquiries

[mikaela09]

Hi I am new here, I found this site so helpful to those who needs advices and clarifications. I am a third country national, I have a 2 year and 8 months old son he is a British citizen, born in UK. We are in the south of asia right now and planning to go back to UK soon to Join his father (my unmarried partner),his father is a British national, my question is,it is possible for me to apply for an eea fp to accompany my son? advise please! thank you.

[Lucapooka]

No. You'll have to apply for settlement as an unmarried partner, but have you actually been living together (co-habiting) for two years and can provide evidence of this?

[EUsmileWEallsmile]

Hi I am new here, I found this site so helpful to those who needs advices and clarifications. I am a third country national, I have a 2 year and 8 months old son he is a British citizen, born in UK. We are in the Philippines right now and planning to go back to UK soon to Join his father (my unmarried partner),his father is a British national, my question is,it is possible for me to apply for an eea fp to accompany my son? advise please! thank you.

You need to understand that in general, EU law will work for British nationals if they live in an EU country that is not the UK. Therefore applying on the basis that you are in durable relationship with a UK citizen for the UK would be outside the scope of EU law (family permit would not be appropriate).

I presume the father of the child is also your unmarried partner. Does the father hold any other EU citizenship?

[mikaela09]

thanks for the reply Guru, my unmarried partner just hold a British passport, but he can able to apply for an Irish passport, as his mother and father are both Irish. My unmarried partner and I living together in UK for nearly 2 years before I left UK with our son, i dont think unmarried partner visa would apply in my case..Any other way other than applying for family permit and unmarried partner visa? thank you.

[Lucapooka]

I'm not sure having an Irish passport would work is he has not actually lived there or anywhere else in the EU (wait for comment from those who are more informed on EU issues).

If I am right, the only other option is to get married (fiancee or spouse visa) or, is a situation where the child was resident in the UK with the father, you could apply for entry clearance as the parent of a child living in the UK. However, this type of visa is not appropriate for parents who are actually in a relationship rather than separated and intend living in separate households.

[EUsmileWEallsmile]

A British citizen would not, in general, be able to apply for his unmarried partner to join him in the UK under EU law. An Irish, French, German, etc could.

Dual British / other EU nationalities currently can rely on their other EU nationality for family re-unification. This may change in the future. Your partner would need to have an Irish passport and be a worker, student or self-sufficient person in the UK in order for you to be able to join him.

If the British citizen worked in another EU state for a period of time, he could apply to have his wife join him on his return to the UK. This currently does not apply to you.

A British citizen may be able to apply for his unmarried partner to join him in the UK under the domestic immigration rules. I am personally not so familiar with these, but if you wish to ask questions on that, you could do so on this part of the forum and perhaps someone may be able to help.

http://www.immigrationboards.com/viewforum.php?f=6

[EUsmileWEallsmile]

I'm not sure having an Irish passport would work is he has not actually lived there or anywhere else in the EU (wait for comment from those who are more informed on EU issues).

If the EU citizen were Irish only (ie did not have British nationality), then an application would be completely fine (no need to have lived elsewhere in the EU together first).

The complication is that the unmarried partner is British and there is the McCarthy case. Others have got residence on that basis, but it may change in the future. Essentially, the McCarthy case said that an EU national who has only ever lived in the country of their nationality cannot rely on the mere fact that they hold a second EU nationality to avail of EU law.

[mikaela09]

Many thanks, I really appreciates your replies, My case is quite complicated right! as I have my son here with me who is a British citizen,was born and lived in uk for almost a year,but he can't able to enjoy his life in UK as he is here with me. We have our own house which is under our names in UK. His father has a stable job since he moved to England from NI 10 years ago. By the way on my son's passport the immigrations officer stamped on it that my son can only stay in Php for 1 year but he was here for over a year now...is there any problem about it?...Thank you.

[vinny]

See also EUN2.16 Can family members of dual British / Irish nationals qualify for an EEA family permit? and EEA Family Permit Proof of Co-habitation.

[EUsmileWEallsmile]

By the way on my son's passport the immigrations officer stamped on it that my son can only stay in Php for 1 year but he was here for over a year now...is there any problem about it?...Thank you.

I have no idea as to what the Philippians immigration rules are.

[EUsmileWEallsmile]

His father has stable job since he move to England from NI 10 years ago.

If the father was born on the island of Ireland he is entitled to be Irish. There would be no problem getting an Irish passport. Working in the UK means that he would be considered to be exercising treaty rights.

If the father was born in Ireland, then the child is also Irish.

http://www.citizensinformation.ie/en/mo ... scent.html

[vinny]

His father has stable job since he move to England from NI 10 years ago.

McCarthy may not be applicable anyway.

[Directive/2004/38/EC]

mikaela09,

Has your husband every lived outside the UK? For instance, has he lived and worked in Ireland?

Is your husband interested in living and working in another EU member state other than the UK? e.g. Ireland or any of the Schengen member states?