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How to bring a non-EU national child under 21 into the UK ?

Posted: Wed Jul 13, 2011 12:16 am
by denizen
Hi, I am a EU national recently married a non-EU national lady, who currently is an asylum seeker. We both have lived in the UK for more than 5 years but have been living together for just have a year. Now we are going to apply for residency. (By the way, couldn't you tell us which EEA form most suitable for my wife in such a situation?, please.)
The main problem is that my wife's daughter who is 19y.o. lives in Russia and we really don't know a way how to bring her in the UK.
Many thanks in advance.

Posted: Wed Jul 13, 2011 12:43 am
by vinny

Posted: Wed Jul 13, 2011 2:46 am
by Directive/2004/38/EC
Move quickly with the daughter as she is only considered a family member until she is 21. http://eumovement.wordpress.com/2008/04 ... ly-member/

Re: How to bring a non-EU national child under 21 into the U

Posted: Wed Jul 13, 2011 9:08 am
by Punjab
denizen wrote:we really don't know a way how to bring her in the UK.
Many thanks in advance.
I will say probably in the airoplane ;-) Just kidding.. couldn't stop meself

Bringing non-EEA family member

Posted: Sat Jul 16, 2011 10:07 pm
by nonspecifics
The non-EEA family member of an EEA national can apply for a family permit at the visa issuing centre in whichever country they are in.

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/#

It is free to apply for a family permit. Basically, the EEA sponsor will need to prove they are sponsoring the non-EEA family member.

So you will need to provide the non-EEA family member with the passport details of the EEA sponsor and proof of relationship to the family member.

If the EEA sponsor has been in the UK for more than three months they will have to supply evidence they are exercising Treaty Rights and are not an unreasonable burden. The family member takes this proof to the visa people where they are resident who issue the family permit ( but it is not a visa).

As mentioned, if the non-EEA child is under 21 no proof of financial dependency is required. If over 21 a lot more evidence is required to prove financial dependence on the EEA national.

The prior immigration status of the EEA sponsor's spouse is irrelevant. As long as the relationship is genuine, then the past is the past and does not affect the current immigration status as EEA's spouse. Though understandably the UKBA will want proof to be convinced that it is not another sham marriage to beat the immigration rules.

I can only repeat the wise words of the other post: Hurry and bring your non-EEA family member as soon as possible before they turn 21. Then apply for the EEA2 residence card as soon as possible before they turn 21, cos seems the Govt are applying stricter interpretation of the rules here too about proving financial dependence and again you can avoid those stricter rules if the non-EEA is under 21.