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

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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

Post by denizen » Wed Jul 13, 2011 12:16 am

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.

vinny
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Post by vinny » Wed Jul 13, 2011 12:43 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Jul 13, 2011 2:46 am

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/

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

Post by Punjab » Wed Jul 13, 2011 9:08 am

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

nonspecifics
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Bringing non-EEA family member

Post by nonspecifics » Sat Jul 16, 2011 10:07 pm

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.

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