Post
by irishcolombians » Sun Feb 23, 2014 11:24 pm
To apply for the EU route, You as a British National will have to move somewhere within the EU to exercise your rights to have your children with you. You will have to get a job in that country and then apply to that country under EU rules to bring your children from Africa.
Most people like to do this through ireland as it is the closest and they speak English. But there are now recent reports that the British are scrutinizing applications made through Ireland because of this loop hole (You could be a french speaking African so France could be an option etc and will receive less attention)
So
1. Find a job or be "residing with sufficient resources" in another EU Country. you have to prove this part when applying to go back to the UK and a minimum of 3 months to around 6 months is acceptable as enough payslips to prove this.
2. Once you have moved yourself to the host country, make an application to their embassy in your childrens home country, explaining you wish to exercise your EU treaty rights under directive 2004/38. remember that there are no fee's for this application.
3. As they are you children and are under age there is very little to prove apart from that they are actually your children. Passports and Birth Certificates will suffice. Along with a letter of consent from their mother signed and a copy of her National ID or Passport to accompany it. You do have to take out medical insurance to make sure that they will not be a "drain on society"
4. Once they have been issued this stamp they can travel to the host country to be with you.
5 after exercising your rights for a suitable amount of time. apply to the British under form EEU2 to transfer your residency of you and kids back to UK.
it is a long process but it is your right to do this.
Please note that when dealing with any embassy or the HO/UKBA in the UK that you stipulate you wish to be dealt with under EU law rather than the laws of the land.
Also, the embassies will sometimes ask you for proof of plane tickets, proof of medical insurance BEFORE they issue the visa. DO NOT pay for anything unless the visa is issued. explain what the "journey Plan" could be from africa to the host country and that any insurance will be purchased prior to flying but after issue of the visa.
Also, you will probably be best to travel to Africa and travel back with them. Arm yourself with the legislation and print outs of the EU Rules of family members when travelling back through to the host country.
I am no expert and this has been my understanding of it. I am sure someone will put me right otherwise.
Good Luck
