Eea family permit

Hi evybody hope all good with use all please am moroccan married to British she is from Northern Ireland we have son togheder he is British and step daughter plus other baby on the way my wife she did go to solicitor in her city and she told her that's i can apply for eea family permit because I have british child over there she said it called directive right application I want just someone to confirm for me because she is going to charge me 150 pound hours I'm not sure if she is right or no because never I hear anyone doing it this way

The Solicitor is wrong. If your wife is a British citizen living in the UK and not in an EU country, you don't qualify for a family permit under the EEA Regulations.

You can only apply for a Spouse Settlement visa under the UK Immigration Rules which have stricter requirements, including the need for your wife to be earning a minimum of £18,600 per year, or if unemployed have £62,500 in savings.

Where are you living at present

Am living in morocco we did go to Spain and France twice and never overstay my visa and this is what solicitors told us
Derivative rights of residence
You can apply for an EEA family permit if you have a ‘derivative right of residence’ as the:

primary carer of an EEA child in the UK who is financially independent
child of an EEA former worker and you’re currently in education in the UK
primary carer of a child of an EEA former worker and the child is currently in education in the UK
primary carer of a British child
primary carer of a British dependent adult
child of a primary carer who qualifies through one of these categories

Casa wrote: ↑

Sat Jan 05, 2019 10:31 pm

The Solicitor is wrong. If your wife is a British citizen living in the UK and not in an EU country, you don't qualify for a family permit under the EEA Regulations.

You can only apply for a Spouse Settlement visa under the UK Immigration Rules which have stricter requirements, including the need for your wife to be earning a minimum of £18,600 per year, or if unemployed have £62,500 in savings.

Where are you living at present

Am living in morocco we did go to Spain and France twice and never overstay my visa and this is what solicitors told us that's because I have british child in can apply for it this way
Derivative rights of residence
You can apply for an EEA family permit if you have a ‘derivative right of residence’ as the:

primary carer of an EEA child in the UK who is financially independent
child of an EEA former worker and you’re currently in education in the UK
primary carer of a child of an EEA former worker and the child is currently in education in the UK
primary carer of a British child
primary carer of a British dependent adult
child of a primary carer who qualifies through one of these categories

Alavi wrote: ↑

Sat Jan 05, 2019 11:14 pm

primary carer of an EEA child in the UK who is financially independent
child of an EEA former worker and you’re currently in education in the UK
primary carer of a child of an EEA former worker and the child is currently in education in the UK
primary carer of a British child
primary carer of a British dependent adult
child of a primary carer who qualifies through one of these categories

From the information you've given, you don't qualify for any of the above. You're not the primary carer.
Also, as it doesn't appear that your wife has been exercising her Treaty rights in another EU country, by working or studying for example, you don't qualify to enter the UK under the EEA Regulations. For immigration purposes, your wife and children are British and not EEA nationals.