Immigrationboards.com

Question:
My daughter who is EU/ Irish national( 13 years old) and currently living in Non EU country with her non EU monther and brothers( 12 and 18 years old). My question is that if she qualifies to apply a EU treaty right visa to bring her mother and two siblings in UK? She wants to continue her studies in UK as an EU national.
If she can apply then which form to use and what would be the process ?

Thanks

Is this just for a short term visit or for residency?

If for residency then the following may apply:
Parents are considered to be Qualified family members if dependency is established.
Meaning the parent has to be dependent on the EU child due to ill health, lack of financial mean or unsafe environment.
Siblings probably fall in the permitted family members category if dependency is established.
Dependency has to be proven with documentary evidence. Proof of money transfers over a long period of time, bank statements etc...

zaidamjad wrote:Question:
My daughter who is EU/ Irish national( 13 years old) and currently living in Non EU country with her non EU monther and brothers( 12 and 18 years old). My question is that if she qualifies to apply a EU treaty right visa to bring her mother and two siblings in UK? She wants to continue her studies in UK as an EU national.
If she can apply then which form to use and what would be the process ?

Thanks

What nationality/immigration status are you?
Why can daughter not join you?
Who is primary carer of child?

Start here:
https://www.gov.uk/family-permit/deriva ... -residence

She is only 13 years old and can not be considered as supporting family by financial means. Mother is primary
career of child.
I am British national , spouse visa refused due to financials requirements and immigration history of wife.
Child lived with me 4 months last year and could not mange without her mothers and Brothrs.

They cannot come to UK unless Chen Applies .

Obie wrote:They cannot come to UK unless Chen Applies .

See Home Office internal guidance on Derivative Rights of Residence – Chen Cases.

For Chen to apply, the EEA child should be self-sufficient and hold Comprehensive Sickness Insurance for herself and all non-EEA family members accompanying her.

Also look at the eligibility requirements for derivative residence card. But be aware that likely only the mother and younger brother would qualify and they would have to leave the UK when the EEA child turns 18.

I take it that the brothers are not EEA citizens.

zaidamjad wrote:Child lived with me 4 months last year and could not mange without her mothers and Brothrs.

Be aware that emotions do not play a part in either the Immigration Rules or the EEA Regulations.

Your wife and non EEA children would stand a much better chance if you personally did the SS route, preferably in Ireland.
The only issue is BREXIT, but even as a Brit living and working in Ireland you may have certain rights under Irish law for family reunification. This would of course mean a lengthy stay in Ireland but may be your last option.