EEA RESIDENCE CARD ON BASIS OF CUSTODY OF EEA NATIONAL CHILD

Hi to all,

Wonder any body can help, want to know, can a non-eea national apply for uk eea residence card if he is having full custody of eea national childern?

my friend is pakistani national with no visa in uk, he was married with irish national and have two childern( both irish national). now they are separated and he got full custody of both kids. we just want to know is there any possibility to apply for eea residence card for him and he having custody of two irish kids.

cheers

Yes, that application could be made, but under the terms of the Chen judgement, he would not be permitted to work in the UK.

So it comes down to .... is he rather rich?

Okay, he has legal custody as you say. Was this issued by a court?

I have to make you aware that, if your friend can show that he has enough resource to maintain himself and the child without recourse to public fund and a Comprehensive sickness insurance, he will have a residency processed under EU law, this will not be a Resident Card for family member of EEA national, as the UK authorities says, they don't recognise parents of EEA national minors as dependant family member, as defined by the directive.

The Residency your friend would secure will not allow him to work in the UK.

Perhaps you should consider other countries such as the Netherlands, were people with this leave are allowed to engaged in employment.

The only positive side of this leave is that, should you wish to get married to someone in the UK, you can avail yourself of an In house application.


After 5 years, i think all restrictions are lifted.

Good luck for the future.