Non-EEA Extended Family Member - Marriage and Children

[IyaCiara]

My sister in law entered the UK on a visiting visa in September 2010. She was granted her 5 year residence card in May 2011. She's now working but still lives with us. However, she is keen to marry her boyfriend of 5 years in Nigeria and start a family in the next couple of years. She has no intention of living in Nigeria. My questions are as follows:

1. If she marries her Nigerian boyfriend is there any way for him to legally join her in the UK?

2. If she marries her boyfriend is she still entitled to hold her EEA family member residence card?

3. If she has a baby, what citizenship will it hold and will she be entitled to claim statutory maternity pay, child benefit, tax credits etc?


Many thanks!

[kofi75]

1.Apparently there is no provision for partners or spouse of a non-eu family members in the EEA regulation 2006.He might have to come with a visitors visa and try to apply for leave to remain as a spouse of a person with a limited leave to remain.(suggestion)
2.If they marry she still can hold her residence card as long as her EEA sponsor continue to excercise his or her rights
3.If she give birth,the child will derive her citizenship from the mum and thus will be Nigerian.She can be British if the mum gets her permanent residence card after the 5years.
She is not entitled to tax credits and benefit cos one of the parents has to be settled.Not sure cos i know family members of EEA nationals have the right to reside.(can phone the tax credit helpline to be sure)

[keffers]

2. ...If the EEA national has acquired permanent residency then he/she will not have to exercise Treaty rights in order for the extended family member to remain - although they (extended family member) must still have a valid residence card.