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Hi,

I have this query on behalf of someone known to me. The person wants to settle in UK with his child.

Child was born in India, to Belgian mother and Indian father. The parents got divorced last year after about 15 years of relationship. During all this time they lived in India. Daughter is about 12 years old and holds Belgian passport (she was born in India as well).

After divorce, mother has moved back to Belgium, father in India has sole custody of child.

Now, they (father and daughter) want to move to UK. What are the options they have? Father is a self-employed wealth management advisor in India and has few important clients across globe. He can run his business from UK, no problem - however, he would not have funds probably to show up for Enterpreneur visa. But is it even a option for him?

Is some route available to him considering child, whose, sole custody he has, has a Belgian (hence EU) passport? And child will of course stay with him whether it be UK or India or anywhere else?

Main reason he wants to come to UK are for education of Child, who has some special needs and some support interests and he believes best support for her will be available in UK. He is willing to consider Ireland if that is possible (I suggested that basically).

One more thing, he has a Shenghen visa valid for one year, though he has to leave Shenghen area after 90 days and then reenter. He has been given British Visa many times (Business visa) but never actually travelled.

Would appreciate possible suggestions from experts here.

moviesmastimagic wrote:He has been given British Visa many times (Business visa) but never actually travelled.

This is odd. But interesting!

He would seem to definitely qualify under Chen: http://www.bailii.org/eu/cases/EUECJ/2004/C20002.html In this case the parent can be with the child, but the parent must be self sufficient.

There may be other options too.

Directive/2004/38/EC wrote:

moviesmastimagic wrote:He has been given British Visa many times (Business visa) but never actually travelled.

This is odd. But interesting!

Well, yeah. But as I said, he is self-employed wealth advisor. And also trades for himself. Apparently, meetings can be done on Skype or various other services. He has kept visa - for mostly just in case scenarios. But so far has not needed to use it.

Directive/2004/38/EC wrote: He would seem to definitely qualify under Chen: http://www.bailii.org/eu/cases/EUECJ/2004/C20002.html In this case the parent can be with the child, but the parent must be self sufficient.

There may be other options too.

This is interesting. Though I guess some qualified and EU law expert immigration advisor + lawyer should prepare his application. Any suggestions?

Directive/2004/38/EC wrote:

moviesmastimagic wrote:He has been given British Visa many times (Business visa) but never actually travelled.

This is odd. But interesting!

He would seem to definitely qualify under Chen: http://www.bailii.org/eu/cases/EUECJ/2004/C20002.html In this case the parent can be with the child, but the parent must be self sufficient.

There may be other options too.

Chen allows the parent to enter for up to three months regardless (accompanied by other family members) (see bassey

Also note annex D: Derivative right of Residence

15. Caseworkers were previously asked only to assess if the EEA national child claiming to be self-sufficient was able to demonstrate that they satisfied the conditions for a self-sufficient person as set out in regulation 4(c) of the Regulations at the date of application for documentation. This was because the primary carer of such a child had no right to work in the UK when issued with documentation under Paragraph 257 of the Immigration Rules.

16. However, primary carers with a right to reside on the CHEN basis are, since 16th July 2012, able to work in the United Kingdom regardless of whether or not documentation has been issued to them by UKBA in that capacity. This means caseworkers may now encounter two distinct categories of application:

moviesmastimagic wrote: This is interesting. Though I guess some qualified and EU law expert immigration advisor + lawyer should prepare his application. Any suggestions?

There are no absolutely requirements for applications to be filled in by a qualified solicitor ETC. the EEA Family Permit application is free of charge. VAF5 form. if it fails, then consult a solicitor about reapplying, or appealing.