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Hello everyone,
This is to have a clear idea about applying for a EEA residence card in the UK.
A friend of mine is an Asylum seeker in the UK and has recently became a father of British child. He is contributing in that child's life and tend to take responsibility of the child.
The guy about would like to apply for The EEA residence card through his child. The question is to know if that's possible or not? Knowing that the UK is member of the EEA and he is a direct family member of the EEA as his child is British.
Can anyone please help me with this.
Thank you.

Short answer: no.

Longer answer is that a citizen of UK in UK is considered only a citizen of UK (not EU citizen) for the purposes of immigration. There are some exceptions but they don't seem to apply in your friend's case.

Agree with iwolga's short answer. 'Your friend' needs to apply for a UK visa.under UK law.

The only way 'your friend' could apply under EU law as the father of a UK citizen is if 'your friend' and his son would be living in an EU country other than UK and could potentially apply as a Zambrano carer.

Magus1984 wrote: ↑

Tue Dec 03, 2019 11:08 am

The only way 'your friend' could apply under EU law as the father of a UK citizen is if 'your friend' and his son would be living in an EU country other than UK and could potentially apply as a Zambrano carer.

There is no requirement of residence in another EU state to apply as a Zambrano carer.

However, the applicant would need to prove that they are the primary carer of the child (not only a parent with casual contact with them) and that if they were refused a UK residence card, then the child would be obligued to leave the EEA. Both difficult things to prove being an asylum seeker.

See here the 4-stages to assess Zamabrano applications (apage 15/51 Eligibility – Zambrano carers ):

• stage 1: assessing British citizenship: assessing whether the person for whom
  the applicant claims to be (or, as the case may be, for the relevant period to
  have been) the primary carer of is (or, as the case may be, was) a British
  citizen

• stage 2: direct relatives or legal guardians: assessing whether the applicant is
  (or, as the case may be, for the relevant period was) the direct relative or legal
  guardian of the British citizen

• stage 3: primary carer: assessing whether the applicant is (or, as the case may
  be, for the relevant period was) the primary carer of the British citizen

• stage 4: British citizen unable to reside in the UK or the EEA: assessing
  whether the British citizen would be (or, as the case may be, for the relevant
  period would have been) unable to reside in the UK or the EEA if the applicant
  was (or, as the case may be, had been) required to leave the UK for an
  indefinite period

kamoe wrote: ↑

Tue Dec 03, 2019 5:01 pm

Magus1984 wrote: ↑

Tue Dec 03, 2019 11:08 am

The only way 'your friend' could apply under EU law as the father of a UK citizen is if 'your friend' and his son would be living in an EU country other than UK and could potentially apply as a Zambrano carer.

There is no requirement of residence in another EU state to apply as a Zambrano carer.

I disagree. As far as I understand you can't apply as a Zambrano carer under EU law to care for a British Citizen whilst both the carer and child are living in the UK. Is a general rule for any type of visa under the EU regulations, if you or your family member is British and live in the UK then you can't make use of free movement eu law unless you/your family member is living in an EU country exercising treaty rights.

Magus1984 wrote: ↑

Wed Dec 04, 2019 2:00 pm

As far as I understand you can't apply as a Zambrano carer under EU law to care for a British Citizen whilst both the carer and child are living in the UK.

I invite you to revise your understanding as to why you believe this is the case, even when presented with official links that clearly spell out all requirements.

Is a general rule for any type of visa under the EU regulations, if you or your family member is British and live in the UK then you can't make use of free movement eu law unless you/your family member is living in an EU country exercising treaty rights.

Zambrano cases do not confer rights by Directive 2004/38/EC, but is instead a right derived from the right of Union citizenship contained in Article 20 of the Treaty on the Functioning of the European Union. This means Zambrano cases, while benefiting from residence rights in the host state, are not conferred the same rights as those conferred to non-EU family members of EU nationals who are exercising treaty rights in another EU state.

Surinder Singh does. In other words, you are mixing up two provisions that describe different things, with different conditions to be met.

If, for whatever reason you remain unconvinced, I invite you to familiarize yourself with the full contextt of the Zambrano case. The concerned individual, Gerardo Ruiz Zambrano and his wife, both Colombian nationals living and caring for their Belgian son in Belgium, never lived in another EEA state.

Hi ,

I am wondering if you have managed to receive you EEA residence card. I have seen your timeline on another thread. And I had the same issue as yours .Also returned on the 23rd of October.

BW

iwolga wrote: ↑

Tue Dec 03, 2019 10:31 am

Short answer: no.

Longer answer is that a citizen of UK in UK is considered only a citizen of UK (not EU citizen) for the purposes of immigration. There are some exceptions but they don't seem to apply in your friend's case.