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Help in EU Child Case

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Reddevil
- thin ice -
Posts: 82
Joined: Sun Apr 24, 2011 10:30 am

Help in EU Child Case

Post by Reddevil » Sat Mar 30, 2013 1:44 pm

Married to European national (Austria ) Suffers Domestic Violence ( police report).
Would like to move with my 1 year child to uk where my sister who is british national.

Guide me

I am from non eu pakistan
Been living in austria for 3 years
Married 4 years
One Child
Suffer domestic violence and financial Violence My spouse is not supporting me financially to remain in austria and taken unknown credits from me to make my life hell and to control me

I dont know anyone in austria
Please help

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Sun Mar 31, 2013 11:37 pm

You may be able to qualify for admission if you meet the criteria under Regulation 11(5), as amended.
Smooth seas do not make skilful sailors

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Apr 01, 2013 8:07 am

What is the citizenship of your child? Does your spouse have any involvement with the child?

Reddevil
- thin ice -
Posts: 82
Joined: Sun Apr 24, 2011 10:30 am

Post by Reddevil » Mon Apr 01, 2013 5:36 pm

Child is austrian

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Apr 01, 2013 11:10 pm

So likely have the right to enter the UK with the child as a facilitator of the child's free movement rights. See the Chen case.

Reddevil
- thin ice -
Posts: 82
Joined: Sun Apr 24, 2011 10:30 am

Post by Reddevil » Tue Apr 02, 2013 12:35 pm

Can you provide more details what and how to enter uk with EU child

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Post by Obie » Wed Apr 03, 2013 12:50 am

Mother can seek entry ar the border or apply for an EEA family permit under Regulation 12,subject of course to them meeting the criteria in Regulation 15A.
Smooth seas do not make skilful sailors

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