NON EU Parents rights with EU Citizen Child

eea_noneu · Post by **eea_noneu** » Mon Mar 15, 2010 11:40 am

Hi,

We are Non-EU parents of a 4 year kid who is the EU Citizen (Irish). Can we travel across Europe without visa with her. We are planing to go to Italy in 3 weeks time.

We are on Tier 1 visa in UK and our kid is living with us and going to pre-school here in UK. Can any one came across this. What are the rights in the EU we have as Non-EU parents of a EU child.

Regards.

Hi Trouble,

The kid is Irish passport holder as she was born while I am working in Dublin.

Here I am asking about Non-EU parents travel to other EU countries along with her. Do we need visa or can we go without visa to other EU countries on visit as Non-EU nationals

troubled · Post by **troubled** » Mon Mar 15, 2010 12:03 pm

If you can explain better it will help as how the child is eu national.If he is then he should have the irish passport that will enalbe him to travel across europe. 4 year old child can have passport.

eea_noneu · Post by **eea_noneu** » Mon Mar 15, 2010 12:31 pm

Hi Trouble,

The kid is Irish passport holder as she was born while I am working in Dublin.

Here I am asking about Non-EU parents travel to other EU countries along with her. Do we need visa or can we go without visa to other EU countries on visit as Non-EU nationals

troubled · Post by **troubled** » Mon Mar 15, 2010 12:44 pm

You need visa to visit the country you want since you are not eea national but the child can travel freely with within eu. I do not understand if by the virtue that your child is eea national that benefits also extend to you as family member of eea national

677ano · Post by **677ano** » Mon Mar 15, 2010 8:58 pm

you the parents require visa to travel as you are visa nationals

eea_noneu · Post by **eea_noneu** » Mon Mar 15, 2010 10:42 pm

If we need a visa, does we need to pay fee for the visa or is it free of charge as we are parents of EU Citizen.

wet26 · Post by **wet26** » Tue Mar 16, 2010 7:40 am

you still need to pay any applicable fee

Ben · Post by **Ben** » Tue Mar 16, 2010 5:49 pm

eea_noneu wrote:If we need a visa, does we need to pay fee for the visa or is it free of charge as we are parents of EU Citizen.

The visa is free of charge and must be issued as soon as possible. Proof of identity and relationship with the EU national is all that is required.

ck4137 · Post by **ck4137** » Wed Aug 22, 2012 11:13 am

Changes affecting EEA nationals and their family members

13/07/2012

The Immigration (European Economic Area) Regulations 2006 have received an update with a number of interesting changes. The main changes are:
•from 16 October 2012, nationals of an EEA state who also hold British citizenship will no longer fall into the definition of an EEA national and will no longer be able to rely on the provisions of the EEA regulations. This is likely to impact these dual nationals' non-EEA family members who will no longer be able to rely on the EEA free movement regulations and will need to apply under the immigration rules in order to enter and/or stay in the UK. Exemptions do apply for those who are already residing in the UK or who have submitted their applications under the EEA regulations prior to 16 July 2012;
•a new category has been created called ‘derivative residence’ which incorporates the ruling in the European Court of Justice case of Chen [2004] EUECJ C-200/02 into the regulations. This allows a non-EEA national primary carer of a self-sufficient EEA national under 18 to have the right of residence in the UK if that EEA national’s stay in the UK is dependent upon it. Likewise, non-EEA children of EEA nationals will also have a derived right of residence. This category cannot lead to settlement.

Can anyone tell me what is the differrence between immigration rules and immigration regulations?Can the chen's parents be allowded to work after changes?Are the chen's parents treated as the family member of EU national?

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NON EU Parents rights with EU Citizen Child

NON EU Parents rights with EU Citizen Child