Child of Non EU. SS rule

[WalexK]

Hello, I urgently need advice about my wife daughter. I British Citizen, returned back to the UK with my spouse a Non EU with Family Permit, previously worked in another EU country.
My wife daughter now 15years old need to join us now from Tanzania. Please, what is the maximum age require by law for her to join us here in UK. I am contemplating there is difference requirement in Age for British Immigration Law and EU Law.
Presently my wife has 5years resident Permit of a family member of an EU (British Citizen).
We want her(daughter) to finish secondary school Examination before joining us here in the UK, this may probably be towards her 16th birthday.
Also, what requirement do we need to present at the Embassy for her to apply for a visa.
Finally, what type of visa will we need to apply for her.

I will really appreciate responds from members and non members.

Thanks you all.

[rosebead]

Under EU rules, I'm afraid that unless your step-daughter did the Surinder Singh route with you, she is not eligible for an EEA Family Permit, sorry to say. You and your wife would have to go live with her in a host State for a period in order to bring her back under EU rules.

Maybe there is a way to sponsor her under domestic law, I don't know - you should do a post in the other boards to ask as this board only covers EU rules.

[WalexK]

Under EU rules, I'm afraid that unless your step-daughter did the Surinder Singh route with you, she is not eligible for an EEA Family Permit, sorry to say. You and your wife would have to go live with her in a host State for a period in order to bring her back under EU rules.

Maybe there is a way to sponsor her under domestic law, I don't know - you should do a post in the other boards to ask as this board only covers EU rules.

Hello R, Thank you for your reply, May I ask what is the maximum age the EU law allow for a child to be as a dependant?
We may need to go back as you rightly said but, we are eager to know the maximum age limit for our daughter to stand as a dependant, she is 15 now. We knew for UK immigration law only permit till 16th year birthday.
Please, we will appreciate your quick reply.

[CR001]

You are incorrect in your assumption of

We knew for UK immigration law only permit till 16th year birthday.

A child is considered a minor until they reach 18 years of age.

[vinny]

Under EU rules, I'm afraid that unless your step-daughter did the Surinder Singh route with you, she is not eligible for an EEA Family Permit, sorry to say.

9(2)(b) seems to require only P’s spouse or civil partner to be living together in the EEA State before the British citizen returned to the United Kingdom. No mention of other family members needing to reside in the EEA state.

7(1)(b)(i) gives the maximum child's age. If above this age, then dependancy is also required.

[rosebead]

Under EU rules, I'm afraid that unless your step-daughter did the Surinder Singh route with you, she is not eligible for an EEA Family Permit, sorry to say.

9(2)(b) seems to require only P’s spouse or civil partner to be living together in the EEA State before the British citizen returned to the United Kingdom. No mention of other family members needing to reside in the EEA state.

I think there has been a long debate around this issue of whether under the EEA Regulations direct family members other than spouses have to have lived in the host State with their British sponsor. Some opinion is that this is because the EEA Regulations had at the time been drafted with only the narrow view that spouses could be eligible because of the facts of the actual Surinder Singh case, and no thought had been given to other direct family members. In practice though, it appears the Home Office will require direct family members other than spouses to have lived in the host State with their British sponsor to be eligible for SS - this is only going by what I've read in the past from people who had contacted the Home Office on this issue.

Certainly case laws, Surinder Singh and now O & B (Case C-456/12) where you have to have "created or strengthened a family life" in the host State, do very specifically say that the family member must have moved to the host State with their EU sponsor before being able to come back to the home State. I somehow doubt that the UK would show more leniency than case law. You could certainly argue the case in court that with the way Regulation 9 is phrased that there is no requirement that direct family members other than spouses have to have lived in the host State with their British sponsor, and that under Article 37 of the Citizens Directive, Member States are allowed to lay down provisions more favourable than that in the Directive, but I don't know if I'd fancy my chances.

Under Directive 2004/38, children under the age of 21 of either the EU sponsor or his spouse have an automatic right of residence in a host State, but children who are 21 and over must prove that they are dependent on the EU sponsor and his spouse to get a right of residence. This applies to Surinder Singh cases too.