Child of durable partner of eea member

[bek13]

Hi. I am unmarried partner of Irish citizen who is living in UK more then 20 years and always working full time. I have brc and pre settled status granted. Working as self employed. We would like bring my son (15 years old) to UK . What will be his status in UK? Thanks for help

[Obie]

You need to apply for him for an EEA family permit, and once he has arrived, you can apply for pre settled status or a residence card first and settled status afterwards.

[bek13]

Thank you for your reply Obie. After pre settled status when we can apply for settled status for my son? Thanks again

[secret.simon]

After pre settled status when we can apply for settled status for my son?

After five years of the grant of EFM status for the son, providing he meets the residence requirements.

you would need to provide the same kind of documents you used the first time to justify that your relationship still subsists. If the relationship breaks down, your pre-settled status will cease to be valid immediately and when you apply for settled status, you'll get a refusal.

This advice will apply to your son as well.

By both being EFMs of an EEA citizen, the right of both you and your son to reside in the UK will terminate if the relationship comes to an end before the acquisition of Settled Status.

[bek13]

Hi

I need your advice pls: I am extended family member(pre settle status) of Irish citizen (who lives and works in UK more then 10 years) and we did apply for entry clearance eea route for child(15y.o.) who is non eea in March 2020 and yesterday received refuse with reason that I am (father of child) not married to my eea partner(sponsor) and my son is not direct member of eea sponsor.
Any advice?
Thanks in advance

[Obie]

Well that is wrong as a matter of law, as regulations 8 now covers the child of an EEA national's durable partner.

[Zerubbabel]

It's none of my business, but at this stage of your relationship, you should be married as it will give you stronger recognition of your relationship and easier immigration procedures.

You are the extended family of an EEA citizen. It means even your own status is a bit on "light" side. You have zero protection and no retained rights. If the relationship ends, you need to go home.

If you were married, your son would have applied as EEA family member and the outcome would have been nearly automatically positive. Now, he had to apply as an EEA EFM. In this case, he needs to demonstrate that he is dependent on the Irish citizen. That's to say, he needs to show documents proving that the Irish citizen is paying for his food, school, medical bills... etc.

Try to dig what Obie said above.

[Obie]

No no Zerubbabel.

He does not need to show the child is dependent.

Under Regulation 8(5),the child of the non EEA Durable partner also qualifies.

It just need to be demonstrated that the child is the child of the Durable partner of an EEA national.

[secret.simon]

Are we reading the same EEA Regulation 8(5)?

(5) The condition in this paragraph is that the person is the partner (other than a civil partner) of, and in a durable relationship with, an EEA national, and is able to prove this to the decision maker.

Or is there case law that provides for the child of a durable partner to count as equivalent to a durable partner themselves?

[Obie]

Are we reading the same EEA Regulation 8(5)?

(5) The condition in this paragraph is that the person is the partner (other than a civil partner) of, and in a durable relationship with, an EEA national, and is able to prove this to the decision maker.

Or is there case law that provides for the child of a durable partner to count as equivalent to a durable partner themselves?

There is no authority.

That is an out of date regulation 8(5).

The EEA Regulations 2016 was an ammended by Regulation 2 (5)(c) of the EEA Regulation 2019

I believe this consolidated version of the regulations will assist you more.

I am confident the ECO was wrong in this case.

They do not know what they are doing.

[bek13]

Thank you very much guys for your help and advice. Now my solicitor she gave 3 option: reapply, appeal or reconsideration.
Could you pls advice me which one from 3 will better option.
Thanks again for your advice and have lovely day.

[vinny]

Try at least two or three together?

[bek13]

My solicitor suggested that we make a fresh application under the EEA Regulations (not under the EU Settlement Scheme) as it is more straightforward:

8 - (5) The condition in this paragraph is that the person is the partner (other than a civil partner) of, and in a durable relationship with, an EEA national or the child (under the age of 18) of that partner, and is able to prove this to the decision maker.
???
Need your advice again please. Thanks

[Obie]

My short answer is, this solicitor does not know what he or she is doing.

If he or she does, he or she will not be making that suggestion, as it will be crystal clear that the new effort will fail.

It may well be the case, that it was his previous failure to cite relevant provision and understand the law, that led to the failure of the application in the first place.

[bek13]

I don't know what to do, for fresh application very limited time left and Tsl center in my country is closed for further notice becouse of COVID 19.
And my solicitor she said to me we will ask for reconsideration becouse they interpreted law wrong and now she is telling me we need to do fresh application becouse its straightforward. I am really confused and lost. Really need your advice pls

[bek13]

If there any chance if we will appeal or ask for reconsideration?
We cannot make a new application becouse VAC is closed and no one knows when it will open again. Thanks

[bek13]

Good morning, guys if there any chance for my son if we appeal? Please i need your advice

[Obie]

Well we cannot comment or predict . Prospects of success depends on how competently your case is presented.

[bek13]

I am non eea partner of Irish citizen who has tr. Rights in UK, she is working full time and I am self employed with turn over above 30k, I have prove that I support my son with sending money to grand mum( my mum) and all rest of documents: payslips of my eea partner, bank statement from both, my pay email and tax return and bank statement, bills, accommodation prove.

[Obie]

It is not about what you provide, but the provisions invoked.

If your lawyer seek to apply under Regulation 8(2), you will fail, as the current refusal indicates.

[bek13]

Thank you very much Obie

[Tmehmood76]

Hi
I have question i am non eea with settle status and my Eea partner have settle status as well. We applied for family permit for my child previous relationship but it has been refused ,reason was because i am unmarried partner of eea so child is not relevant to my Eea partner.we have been together more than eight years..i am confused is this law is fair on kids and we need to get married if need to bring kids.
Can any one guide me it says on refusal letter.your child relationship doesnt come with in the definiton
of family member of Eea citizen in appendix Eu(family permit).

[Obie]

Well, for the reasons already provided on thks thread, that position of the visa officer changed since the Spring of 2019.

You should have appealed it.

[Tmehmood76]

Can i appeal it..on basis of what..can i say or submit..i didnt get very officer?mean ..

[Obie]

I meant visa officer.

I do not know full circumstances of your refusal, so cannot comment much.

Please do not hijack this thread.

Open yours if you have query.