Non EU Grandparents of EU Child

[wazshah]

Non EU Grandparents of EU Child who's Mother is EU Citizen and the Father is British Citizen.

I need a advice that which is the best application to bring the Non EU Grandparents( 65 and 64 Years Old) to UK.

Your advice will be highly appreciated.

[EUsmileWEallsmile]

Dependency.

[Obie]

Regulation 7(1C) and 17(1) should apply, provided they are not excluded by McCarthy. Dependency is a must in those circumstance, but the requirements are less stringent than those provided in the immigration rules.

[wazshah]

thanks

[Jambo]

As Obie pointed out - isn't the child British as well? That would probably prevent from using this route.

Why do you need to base the application on the child? Doesn't the mother live in the UK?

[Obie]

On a closer look it is difficult to see how a grandparent could succeed on the basis of Chen, when both parents are around. Her only option is to rely on the mother, who is an EU citizen.

[wazshah]

As Obie pointed out - isn't the child British as well? That would probably prevent from using this route.

Why do you need to base the application on the child? Doesn't the mother live in the UK?

Thanks for your help.

The Child is not the British Citizen. Child has only one EU Passport and going to the school in UK.

The Child's mother lives in UK and excercising her treaty rights in UK for the last 5 Years.

[Jambo]

Not having a British passport doesn't mean the child is not British.

Was the child born in the UK? If not, was the father born in the UK?

In any case, if the mother is in the UK, the grandparents need to make an application based on her, not the grandchild.