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Hi All,

My question is that, is there any provision in the EU immigration directive that allow a child of 6 years old who has recently been granted Spanish nationality as per the local Spanish immigration rule for children born in the Spain are entitled for the nationality after one year of their birth. The child has brothers and parents who aren’t EEA or EU national and currently reside in Spain so can they come in the UK and apply for settlement as a relative of EU national child? If yes, what’s the best course of action? Thanks a lot, an urgent reply would be massively appreciated. Thanks for your time in advance.

AFAIK, under EU rules, children cannot sponsor family members. It must be a person exercising treaty rights.

alterhase58 wrote: ↑

Sat Jan 04, 2020 12:01 pm

AFAIK, under EU rules, children cannot sponsor family members. It must be a person exercising treaty rights.

There may be a way via the self-sufficiency route.

1. The child is made self-sufficient via a parent working in Spain.
2. Some variation of the precedents from the Chen case and possibly the dependent parent rules are used to get the other parent to the UK. The child then becomes self-sufficient via the parent in the UK. Such a switch is allowed between husband and wife.
3. The parent in Spain then becomes dependent.

I can see the Home Office fighting the claims of dependency on the child, and I'm not sure the Home Office should lose.

My niece is a Spanish national born in Spain to Pakistani parents. Her siblings and parents all reside in Spain on a resident card but since she was born in Spain, she received her automatic nationality as per local Spanish immigration law.

Question is; can parents accompany their daughters to UK and settle? Say they arrive on visit visa first and register their daughter as settled person and apply for visa extension as relative etc? Or can my niece be their sponsor if she travels to the UK and register herself as a settled person? I know it’s bit strange as she isn’t adult but is there any provision in the rules that the whole family can be settled in the UK based on their one EU family albeit minor family member?

Kindly let me know if there is a way?

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