Settlement Visa for children abroad

[Casa]

The rules have toughened for the Surinder Singh route. You now have to show that you have 'moved the centre of your life' to the EU state. This means you have to show that you are settled and registered there with employment and accommodation. Simply having a flat in France, working in the UK and visiting occasionally won't qualify. You will also have to be resident and employed there for around 12 months.
You also mention that your childrens' UK visitor visa has expired. Did you intend to move your family to France, continue living and working in the UK, visiting them from time to time? If so, there's no way this would be possible for a Surinder Singh application and your family wouldn't have the right to live in France without you.

[JAMES2000]

Thank you very much for your reply.

Basically l applied for visit visa to France for my children in my home country not to the UK, as my mum who they lived with is late l now decided to get a flat for them in France.

Does that means l need to fully move my residence to France before l can apply for a residence permit for them in Paris?

[Casa]

Yes. You will also have to be employed and remain there for at least 12 months. You also have a wife and child in the UK I believe.
Will they continue to live here or in France?

[JAMES2000]

Yes l am married with a daughter in the UK but will not be moving with me for now.

Will there expired visa not affect the Application?

[Casa]

We've had so many versions of your situation that it's become difficult to advise you. You say 'I have an apartment of my own' but you also say you 'will get them a flat in France'. If your children are still in France on expired visitor visas and you are back in the UK, then they're there illegally as overstayers. If you're not currently living in France then your children can't remain there as they don't qualify on their own for resident permits.
If you plan to live in France but you don't speak the language, how will you find work to support yourself and your children and meet the conditions for Surinder Singh? Are you prepared to leave your wife and other child on their own in the UK for a year?

[JAMES2000]

I have a rented apartment of my own and will be visiting my wife and daughter in the UK, will find a job or be self employed.

Thanks again Casa for your advice.

[Casa]

Be aware of two important points.
1. You'll need to show that you are registered for tax as a resident in France on your earnings.
2. Frequent visits back to the UK could disqualify you from using the Surinder Singh route as you may find it difficult to prove that you've 'moved the centre of your life' to France. Especially when you will still have a family home here.
3. Do you have your children's birth certificates and is your name shown as the father?

[JAMES2000]

Yes l am there biological father and there bear my surname as well.

[JAMES2000]

Beside l have their birth certificates with me.

[Casa]

...and you are shown as the father on the birth certificates?

[JAMES2000]

Yes please

[JAMES2000]

Finally my children were granted Circulating Document for minor ( Resident Permit) in France.
Thanks to everyone for your valuable advice .

Now l want my children to go on holiday with me to the UK and back to France, do l need to apply for a Family Permit before leaving France? are they not going to be refused entering at the border entrance without FP?

If FP is required is it from the British embassy in Paris or UK?

Thanks in advance.

[JAMES2000]

Hi everyone.
I am a bit confused about what the easy jet customers service and the ukba staff at the airport told me that my children cannot travel to the UK as there french circulating document for minor issued by the perfecture does not reflect or written family member of the eu.as l was told it not a residence permit.therefore they require visas

I told them l am exercising my eu treaty as a eu citizen resident in France, besides, minor are not issue residence permit in France until either 18 or 19 yrs but they insisted l cannot buy a ticket and if l did l will not be allow to board.

Can someone advise me on what to next pls.


I

[Wanderer]

Do they not have passports or other formal ID?

Can't blame the airline as they are liable to be heavily fined for landing someone without the correct provenance, plus it's their business, they can impose whatever rules they think fit to protect themselves from such fines.

[JAMES2000]

They have Nigeria passport with their expired visa on.
Does that means they cannot be allowed travel?

[noajthan]

...

I told them l am exercising my eu treaty as a eu citizen resident in France, besides, minor are not issue residence permit in France until either 18 or 19 yrs but they insisted l cannot buy a ticket and if l did l will not be allow to board.

Can someone advise me on what to next pls.

I

Note If you are not actively working or self-sufficient or jobseeking (etc) then you are probably not actually exercising treaty rights in France - you are just some sort of visitor there.
So whatever time you spend there is not (at the moment) Surinder Singh type of time & unlikely to be acknowledged by HO as an adequate centre of life.

[JAMES2000]

Thanks noartjan l registered as a self employed and l am three months on the business, my children goes to school as well with rented apartment, l am not just a visitor .

For the fact that they were granted permission to stay in France by the perfecture due to my nationality and France don't issue residence permit for minor,does that means this card for minor is not recognized by the UK as a residence card as compare to other countries that issue residence permit to children?