HOW DOES AN EU FAMILY MEMBER GET SAME VISA FOR CHILD?

[oraake]

Hello good people!!!

This is a question for my very good friend. She is a dependant of an EU national (her sister). Her solicitors asked her to put in her application first and if she's successful she can then put in her son's.

Now she has been granted a residence card (eu dependant) and her solicitors are kind of back pedalling about her son's application.

Could you kindly advise on what her next course of action could be?

Thank you

[Wanderer]

I don't think dependant of a dependant works.....

[oraake]

mmnnn............even though the child is in the UK presently. The child was born in the UK 4 yrs ago............. i don't know with the immigration laws but i think there should be something that can be done?

Please help

[Wanderer]

mmnnn............even though the child is in the UK presently. The child was born in the UK 4 yrs ago............. i don't know with the immigration laws but i think there should be something that can be done?

Please help

Yeah doesn't seem fair...

Perhaps the sponsor should have applied for the son too, I think that's possibly the only way forward now, but proving it is another issue.

[oraake]

Thank you so much for that WANDERER !!!

I'll let her know this and if she has any questions i'll post it on here.

Thank you again !!!

[oraake]

Ok WANDERER (or whoever)........ i'll try to explain this as clearly as i was told. (PLEASE READ EARLIER THREAD)

My friend (the non eea family member of an eu national) has a son. The son is 4yrs old and was born here in the UK and has been here ever since. My friend's eu family member is her sister. As this Eu national (my friend's sister) is the only one in my friends family that is an eu national and has sponsored all her siblings- 3 of them in all.

My friend said she was told by her sister that the law only allows her to sponsor 3 people as she's already done.

Now the concern is my friend wishes to travel back to Ghana with her son for christmas later this year and wants to get the same status she has for her son or have his name endorsed on her passport so as to enable both of them exit and entrance to the U.K.

She wonders if this is possible?

Please any suggestions

[thsths]

My friend said she was told by her sister that the law only allows her to sponsor 3 people as she's already done.

There is no limit on the numbers, but there is a limit on the relationship. Siblings can be sponsored, but only if they are dependent. I assume that was the case when your friend came here, and I hope it is still the case - because it is a precondition for legal stay for the first 5 years. (After five years of legal residence the whole situation changes a lot.)

Now about the son - I don't think that the right of free movement extends to him, although it is a bit of a judgement call. The law is a bit wage there, and says "if it is seems appropriate". I think a case could be made for the son, but it may have to go to court for a decision.

Now the concern is my friend wishes to travel back to Ghana with her son for christmas later this year and wants to get the same status she has for her son or have his name endorsed on her passport so as to enable both of them exit and entrance to the U.K.

I would certainly recommend that she applies for a residence card for the son. She should not leave the UK until this is sorted, because it could take quite a while to resolve, and she may be stuck in her home country for a while. The passport has not much to do with it - although a separate passport may be required for him.