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Parent of an Irish child with Stamp 4 EU Fam,

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Syedd
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Ireland

Parent of an Irish child with Stamp 4 EU Fam,

Post by Syedd » Fri Sep 27, 2019 12:54 am

Hi all,

I am a parent of an Irish child who is 14 months old, I am originally from Pakistan living in Ireland for last 12 years. I have stamp 4 EU Fam, separated with my EU wife and now living with a non EU partner.

Can my Irish citizen children's nationality help me get a status in the UK.

We are planning to move to the UK.

Please guide me.

Thanks

Syedd

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ALKB
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by ALKB » Fri Sep 27, 2019 2:10 pm

Syedd wrote:
Fri Sep 27, 2019 12:54 am
Hi all,

I am a parent of an Irish child who is 14 months old, I am originally from Pakistan living in Ireland for last 12 years. I have stamp 4 EU Fam, separated with my EU wife and now living with a non EU partner.

Can my Irish citizen children's nationality help me get a status in the UK.

We are planning to move to the UK.

Please guide me.

Thanks

Syedd

Will your Irish child move with you to the UK?
I am not a regulated immigration advisor. I am offering an opinion and not advice.

littlerr
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by littlerr » Fri Sep 27, 2019 2:17 pm

You can use your Stamp 4EUFAM to travel to the UK with your kid, if and only if your attention is to exercise your spouse's EU treaty rights.
As this does not seem to be the case at the moment, you are unlikely to be able to settle yourself in the UK.
Your child's Irish passport does not mean anything to the UK. Otherwise, any non-EU citizen that has a child born in Ireland can freely move to other EU countries.

Obie
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Obie » Fri Sep 27, 2019 4:58 pm

littlerr wrote:
Fri Sep 27, 2019 2:17 pm
....
Your child's Irish passport does not mean anything to the UK. Otherwise, any non-EU citizen that has a child born in Ireland can freely move to other EU countries.
That is wholly incorrect. If there is a medical insurance and sufficient resources, the parent of an Irish child could qualify for residence rights in the UK.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

littlerr
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by littlerr » Fri Sep 27, 2019 5:28 pm

Obie wrote:
Fri Sep 27, 2019 4:58 pm
That is wholly incorrect. If there is a medical insurance and sufficient resources, the parent of an Irish child could qualify for residence rights in the UK.
Sufficient resources are a panacea for all. If you can find a job or you have sufficient resources, you can apply for residences in most of the countries in the world. It has nothing to do with the child.

The question here is, how is the OP going to enter the UK? If he enters the UK using a Stamp 4EUFAM, he is treated as a beneficiary of EU Free Movement, which he does not actually possess (considering his spouse does not have the intention of living there with him). He can lie to the officer saying that his spouse will move to the UK with him, but that’s beyond what we can and should suggest.

If he applies for a UK Residence visa on his own, stating his child is an Irish citizen as the sole reason, I can’t see how the UKVI can grant that. Of course, if he has ‘sufficient resources’, then whether or not he has an Irish child is irrelevant.

Obie
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Obie » Fri Sep 27, 2019 8:02 pm

If a person has an EU child in the UK and the have medical insurance and proof that they have sufficient funds, then they will qualify for residence.

I work a lot in UK immigration, I can assure you that there is no provision for residence to be granted to self sufficient person by virtue of their self sufficiency alone. So the notion you espoused, that residence rights in the UK is granted based on that alone, demonstrate a profound misunderstanding about the operations of UK immigration laws.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

DanaMarie
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by DanaMarie » Fri Sep 27, 2019 8:10 pm

littlerr wrote:
Fri Sep 27, 2019 5:28 pm
Obie wrote:
Fri Sep 27, 2019 4:58 pm
That is wholly incorrect. If there is a medical insurance and sufficient resources, the parent of an Irish child could qualify for residence rights in the UK.
Sufficient resources are a panacea for all. If you can find a job or you have sufficient resources, you can apply for residences in most of the countries in the world. It has nothing to do with the child.

The question here is, how is the OP going to enter the UK? If he enters the UK using a Stamp 4EUFAM, he is treated as a beneficiary of EU Free Movement, which he does not actually possess (considering his spouse does not have the intention of living there with him). He can lie to the officer saying that his spouse will move to the UK with him, but that’s beyond what we can and should suggest.

If he applies for a UK Residence visa on his own, stating his child is an Irish citizen as the sole reason, I can’t see how the UKVI can grant that. Of course, if he has ‘sufficient resources’, then whether or not he has an Irish child is irrelevant.
Would derivative rights be applicable?
"Eligibility
To get a derivative residence card you must be one of the following:

the primary carer of someone who has the right to live in the UK"
The page ( https://www.gov.uk/derivative-right-res ... ligibility ) goes on to indicate that the child must be a British citizen but I'm not sure how that works if the child has UK residency in conjunction with CTA? I'm just throwing things out here, don't yell at me! :) Or it looks like the EEA settlement scheme might be an option also? This might be better posted to the UK boards.

Syedd
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Syedd » Tue Oct 01, 2019 1:58 am

Will your Irish child move with you to the UK?
[/quote]


yes my Irish child will move with me to the UK.

Syedd
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Syedd » Tue Oct 01, 2019 2:03 am

That is wholly incorrect. If there is a medical insurance and sufficient resources, the parent of an Irish child could qualify for residence rights in the UK.
[/quote]

Hi Obie,

my Irish child will move with me and what kind of resources I will need to get the residence in the UK?

Topsibelle
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Topsibelle » Tue Oct 01, 2019 5:05 pm

Syedd wrote:
Tue Oct 01, 2019 2:03 am
That is wholly incorrect. If there is a medical insurance and sufficient resources, the parent of an Irish child could qualify for residence rights in the UK.
Hi Obie,

my Irish child will move with me and what kind of resources I will need to get the residence in the UK?
[/quote]

Obie is right. If you can demonstrate that your child is self sufficient and has comprehensive health insurance then you can apply for Derivative residence under Chen.

Your child can apply for pre settled status under the EU settlement scheme although the child does not need to. Under the EU settlement scheme your child does not need to have comprehensive health insurance to apply. However the child can only apply for pre settled status from within the UK. And you can then apply as non EU family member.

Syedd
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Syedd » Wed Oct 02, 2019 12:48 am

My daughter is only 14 months old.

could you please guide me, where can I get more iformation about this program?

Thanks

Syedd

Topsibelle
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Topsibelle » Wed Oct 02, 2019 9:16 am

Syedd wrote:
Wed Oct 02, 2019 12:48 am
My daughter is only 14 months old.

could you please guide me, where can I get more iformation about this program?

Thanks

Syedd
Google Chen Derivative residence card and EU settlement scheme.

Syedd
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Syedd » Thu Oct 03, 2019 1:25 am

Thank you...

Syedd
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Syedd » Sun Oct 13, 2019 1:57 am

Hello, which option will give me a right to work ?

Topsibelle
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Re: Parent of an Irish child with Stamp 4 EU Fam,

Post by Topsibelle » Sun Oct 13, 2019 6:50 am

Both

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