eea2(retained right of residence as noneu parent of eu child

Hi there!
I have a question in applying for eea2

History:

Me and the father of my child split up and we have a 1year old son holding an Irish passport. I am a non-eu parent of an eeu minor child, holding a PSW visa that will be expire in the next couple of months.

The father of my son has been living here in uk for more than 10 year, however he didn't apply for PR, he is off work and receiving benefits. We never married, we only lived together for more than a year then decided to go our separate ways so therefore I don't have any proof of divorce/annulment/ dissolution of civil partnership.

Both me and my ex shares responsibility for our child. If im working, ex looks after our son and when im off my son stays with me. Recently, we are planning to enrol my son in the nursery, as my ex is looking for a job

On the application for eeu2 under section 2, my eeu family member will be my son

Question:

1. In section 4 (retained right of residency in the uk) of EEa2 application, what category is best for me to choose? Can I still tick the section 4.1 as the reason for me to have the right of residency is divorce/annulment/ dissolution of civil partnership, despite of not having any proof that we ended our relationship? Or

2. Should choose the section
8 (eea national family member as a student) or

3. Section 9 as self-sufficient eea family member. Where my eea family member becomes dependent on my income.

Any help will do. Thank you!
pritzy_18
Newbie

Posts: 13
Joined: Tue Jan 22, 2013 6:19 am

pritzy_18 wrote:Hi there!
I have a question in applying for eea2

History:

Me and the father of my child split up and we have a 1year old son holding an Irish passport. I am a non-eu parent of an eeu minor child, holding a PSW visa that will be expire in the next couple of months.

The father of my son has been living here in uk for more than 10 year, however he didn't apply for PR, he is off work and receiving benefits. We never married, we only lived together for more than a year then decided to go our separate ways so therefore I don't have any proof of divorce/annulment/ dissolution of civil partnership.

Both me and my ex shares responsibility for our child. If im working, ex looks after our son and when im off my son stays with me. Recently, we are planning to enrol my son in the nursery, as my ex is looking for a job

On the application for eeu2 under section 2, my eeu family member will be my son

Question:

1. In section 4 (retained right of residency in the uk) of EEa2 application, what category is best for me to choose? Can I still tick the section 4.1 as the reason for me to have the right of residency is divorce/annulment/ dissolution of civil partnership, despite of not having any proof that we ended our relationship? Or

2. Should choose the section
8 (eea national family member as a student) or

3. Section 9 as self-sufficient eea family member. Where my eea family member becomes dependent on my income.

Any help will do. Thank you!
pritzy_18
Newbie

Posts: 13
Joined: Tue Jan 22, 2013 6:19 am

EEA2 form is irrelevant for you as your situation.
You are not qualified for Retain rights of residence as you are not married with EEA national.
You may be qualify for derivative right of residence.

I agree that you cannot use EEA 2.

You can either register the child as British, if he is not already British, and apply under Zambrano, or get CSI and evidence of sufficient resource, and apply under Chen.

But as the child's father has already secured PR, chances her you could secure PR on the basis that your child has a right of residence in the UK, without the need to get a CSI.

Although this kind of scenario was not dealt with by Chen, I am sure policy will have to be adapted.

In the Chen case, the child did not have a right of residence, unless the parent can show she is self-sufficient. In this case, the child has a right of residence as his father had resided for over 5 years.

Hi Imshzd and Obie, thank uou for your reply.

obie- if I follow the Chen's case, what form will I use? what other route is best for me?
Also, do I need to apply for eea1 for my son to prove that he has the right to settle in Uk?.

Thank you for your time.

Hello everyone this question is for my family friend, we really need help and advice.

Here we go?

(She is an Ex eea family member with EEA national Child )
She married and have a baby to ex her Eea national husband in 2008.
Eea recidence card was granted in 2009 to 2014 December,
duo to some problems with her husband they separated in the same 2009 before her recidence card was granted, since then both of them never live together again .
After 4 year of separation, divorce process start in 2013 while the divorce was finalise in 2014. She has been working since 2012 until now her recidence card has expired but she still work with her employer. SHE CANNOT RETAIL A RIGHT BECAUSE HER HUSBAND HAS NOT BEEN WORKING SINCE 2010 AND SHE WON'T BE ABLE TO PROVIDE HER EX WORK HESTORY AND they stop living together since 2009.
So my question now is that can she use her work pays slips and comprehensive sinck insurance to prove eea child self sufficient in Chen case. If no please advice us what she need in Chen case.


Thanks
My regards