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EEA permit for non-EEA member ? Do I come under this ?

Posted: Wed Sep 05, 2012 10:11 pm
by soulfullness
Hi All
If a citizen of the European Economic Area (EEA) or Switzerland is living in the UK in accordance with the Immigration (European Economic Area) Regulations 2006, their family members who are not EEA or Swiss citizens also have the right to live here. You can find out what we mean by a 'family member' under 'More information' below
I am a British citizen since 2010 but my daughter who is studying out of UK but in a EEA country wanted to join the family after her education. She is totally dependent on me (family).
Can my daughter apply EEA permit as a non-EEA dependent member of an EEA family?

Since originaaly we are from asia. Now we are Brtish except my daughter . Do I fall under EEA family? Since my daughter is not yet British but still having asian country passport , does she come under non-EEA?

If so wether she is able to apply for a EEA permit?

Please reply asap.

Posted: Wed Sep 05, 2012 10:57 pm
by Lucapooka
No.

Posted: Wed Sep 05, 2012 11:24 pm
by Directive/2004/38/EC
Generally no.

If you moved to a different EU member state, such as the Netherlands, then your minor daughter could move to join you. If you were working there, she could then come to the UK with you when you returned to the UK.

Posted: Thu Sep 06, 2012 9:59 pm
by soulfullness
Thanks Guru for the information. So it is not possible to apply under EEA , Is it possible my daughter to come under family visitor? being non-EEA?
Please advise on this .

Posted: Thu Sep 06, 2012 10:17 pm
by Lucapooka
Yes, of course she can visit. Obviously she will need to qualify for a visit visa by showing her ties to homeland; anything that will motivate her return after the visit.

Posted: Fri Sep 07, 2012 12:07 am
by Directive/2004/38/EC
EU free movement law comes into play when you, the EU citizen, moves from your home member state to a different host member state. (There are some exceptions)

In your case, since you have not moved to a different EU member state, then traditional British immigration law is your only option.