Rolfus wrote:It seems to me that the system now accepts that parents of EEA minors are extended family members. So no need to apply for a Chen visa through 257c of the Immigration rules. Just apply for an EEA Family Permit. Permission to work, and en route for citizenship.
I dont think that is correct.
The UK legislation don't consider parents of EEA national as a family member within the meaning of Article 2(2) of directive 2004/38EC or regulation 7 of the EEA regulations 2006.
The reason for their decision is that the children are dependant on the Parents as opposed to the parent being dependant on them in line with the description in the regulations and Directive (Dependant Family member in the ascending line).
The family members cannot be part of the Household, because according to KG and Bigia, which the Upper tribunal cannot overrule as it is from a Higher court, the Household has to be that of the EEA national, he or she has to own it or responsible for it, and have his/her dependant living under her roof.
Therefore i don't think the interpretation in Moneke can be used in Chen cases. It will likely be unsuccessful.