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Under the Immigration rule:family members of a British citiz

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

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jilom2k
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Posts: 3
Joined: Thu Feb 09, 2017 9:53 pm

Under the Immigration rule:family members of a British citiz

Post by jilom2k » Thu Feb 09, 2017 11:18 pm

I am from the Caribbean while my partner is from west Africa. We have a child together. He is both British and Irish. How can we help my partner's children from his previous relationship to have their residency secured in the UK before the UK eventually leave the EU?

We are seriously considering this time-bound application going by the direction Brexit is going since the last few weeks and when eventually the Brexit bill will be passed.

The below is our family situation; an information we believe you may need:

1. I have indefinite leave to remain. I also have another son with a British passport and a daughter with indefinited leave to remain. All our kids are under 18.
2. My partner (the biological father of my todler kid with the dual ownership of both Irish and British passport) is awaiting a decision from the Home Office under a different immigration application.
3. All three of my partner's kids are awaiting a decision from the Home Office under a different immigration application under their mum(the youngest of them was born here). They have been in the UK for almost 6years.

My partner's three kids move back and forth every weekends between their mum's place and our household making them a member of our household too.

How can my present status and my kids (being their half and step siblings) help them have their status under the present EU Laws before the UK finally leaves the UK?

Or is there any other options we can explore? Before the UK eventually leaves EU.

Looking forward to reading from you guys.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 12:46 pm
Ireland

Re: UNDER THE IMMIGRATION RULE:FAMILY MEMBERS OF A BRITISH C

Post by Wanderer » Fri Feb 10, 2017 7:57 am

AIUI British and Irish dual citizens are treated as British only and can't use EU rules unless they renounce UK citizenship.
An chéad stad eile Stáisiún Uí Chonghaile....

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: UNDER THE IMMIGRATION RULE:FAMILY MEMBERS OF A BRITISH C

Post by noajthan » Fri Feb 10, 2017 11:48 am

If child was only an EEA national (not British, which doesn't count in this context), it would be very hard for such a child to sponsor extended family members as they would have to show financial dependency on sibling/sponsor and/or membership of household (in which sibling/sponsor was head of household).

There is Chen for EEA children and Zambrano for British children but too complex for me to untangle in your case.
Such derivative rights don't lead to settlement.

And carer's dependents cannot be sponsored by such a carer, eg for Chen:
https://www.gov.uk/government/publicati ... egulations
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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