Aidin22 wrote:How did your wife enter the UK without the family permit?
357mag wrote:I have a question.
Ok using c456/12 the non-EEA right is "derived" from and applies to the directive by "analogy". So when back in the UK does that mean they would apply for "derivative residence permit" ,although the aplication form seems to be related to carers, or would they apply on EEA form for residence permit, although the EEA citizen was not exercising treaty rights under "Surinder Singh" just treaty rights under TFEU 21(1) with consideration to c456/12.
If its only derived right does that mean there can be no permanant residence card? Just have to do a full 10 years here and apply for ILR (or is it 15 years now).
I'm also worried that if UKVI only grant derivative rights then my soon bo be wife will not be allowed to work.
great to read all about useful information being shared on this forum.
i have been inactive for a long time from the site.
Can some one please help me in the given situation i have here, just couldn't find any guidance in UK Immigration Law or EU Law.
Me and my children are in UK under successful sing law, I have children from previous marriage not from British wife.
But now she is (British step-mother) not behaving nice with my kids. one of daughter is in Medical problem (Asthmatic & Eczema), its been 8 months they joined me in UK & saw their mother. Their mother is also willing to take children back in this situation.
I don't want kids to go back. please advise if the non-EEA Parent of non-EEA child living under EU Law in UK can join them or apply for EEA Family Permit or Access to child right which is also not a case as kids are not British or settled yet?
just to add one more thing my daughter has British Birth Certificate and was born in UK when my ex was living with me 8 years ago.
I have been looking for all sorts of information but couldn't find a solution for this case.
if Gurus can advise on this case would be really helpful.
It will be most interesting, as i am of the view that a child who was not in the other member state where the British Citizen migrated to, cannot qualify.
Regulation 9(2) seem to indicate the residing with only applies to spouses.
It will be interesting.
The child can be registered as British once you have obtained ILR, or if the child has never been away from the UK, can register in his or her own right when he/she turn 10 years.
357mag wrote:If my "extended family member" gains a residence card in another state will she be a "family member" if I return with her to UK?
Regulation 8 further defines extended family members. In accordance with Regulation 7(3) extended family members are only to be treated as family members for the purposes of the EEA Regulations if they have been issued, as a matter of discretion, with an EEA family permit or a registration certificate or residence card. The EEA Regulations allow for an ‘extensive examination of the personal circumstances’ of a person applying under these provisions.
I mean could she apply in the UK for a residence card as a "family mamber" once here?
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