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Non EU Grandparents of EU Child
Posted: Sun Sep 22, 2013 11:36 am
by wazshah
Non EU Grandparents of EU Child who's Mother is EU Citizen and the Father is British Citizen.
I need a advice that which is the best application to bring the Non EU Grandparents( 65 and 64 Years Old) to UK.
Your advice will be highly appreciated.
Posted: Sun Sep 22, 2013 11:03 pm
by EUsmileWEallsmile
Dependency.
Posted: Sun Sep 22, 2013 11:10 pm
by Obie
Regulation 7(1C) and
17(1) should apply, provided they are not excluded by McCarthy. Dependency is a must in those circumstance, but the requirements are less stringent than those provided in the immigration rules.
Posted: Mon Sep 23, 2013 10:09 am
by wazshah
thanks
Posted: Mon Sep 23, 2013 10:44 am
by Jambo
As Obie pointed out - isn't the child British as well? That would probably prevent from using this route.
Why do you need to base the application on the child? Doesn't the mother live in the UK?
Posted: Mon Sep 23, 2013 11:05 am
by Obie
On a closer look it is difficult to see how a grandparent could succeed on the basis of Chen, when both parents are around. Her only option is to rely on the mother, who is an EU citizen.
Posted: Mon Sep 23, 2013 2:27 pm
by wazshah
Jambo wrote:As Obie pointed out - isn't the child British as well? That would probably prevent from using this route.
Why do you need to base the application on the child? Doesn't the mother live in the UK?
Thanks for your help.
The Child is not the British Citizen. Child has only one EU Passport and going to the school in UK.
The Child's mother lives in UK and excercising her treaty rights in UK for the last 5 Years.
Posted: Mon Sep 23, 2013 7:36 pm
by Jambo
Not having a British passport doesn't mean the child is not British.
Was the child born in the UK? If not, was the father born in the UK?
In any case, if the mother is in the UK, the grandparents need to make an application based on her, not the grandchild.