Permanent residence EEA Child of British Parent

[Da Silva]

Hi,

I wish to apply for permanent residence for my son 10 years old), who is portuguese. He has lived with me in the UK for the past seven years (birth in Portugal) but do not have any residence permit / card / document.

He has been studying in school. I am now British and I was also Portuguese when I came here, 8 years ago. I have been working throughout the 8 years.

I have read regulation 15- permanent right of residence. But am confused because my son look like he not qualify because of no health insurance (qualify himself on his own? Regulation 15(1)(a)) and he's not non-EEA person -15(1)(b)?

His mother also is in Portugal and not take care of him since he come to England. Do I need her permission to apply PR for my son?

Thank you

[Richard W]

I have read regulation 15- permanent right of residence. But am confused because my son look like he not qualify because of no health insurance (qualify himself on his own? Regulation 15(1)(a)) and he's not non-EEA person -15(1)(b)?

He qualifies under 15(1)(a) as your family member. As a non-EEA child would, he has "resided in accordance with the regulations" because you have been working. Regulation 15(1)(a) does not distinguish between EEA citizens who are qualified persons and those who are merely family members. Indeed, one can switch between the two categories during the qualifying 5 years.

The only problem I can see is that you might have become British before he had lived in the UK for 5 years.