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Eu citizen child with non eu mum

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Tallpaul
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Joined: Fri Jun 15, 2012 11:08 pm

Eu citizen child with non eu mum

Post by Tallpaul » Fri Jun 15, 2012 11:49 pm

I'm currently working with a NZ national who has been residing in Ireland for a number of years where she had a child (now 7 years old), the child has dual nationality- Ireland and NZ.
After meeting a UK citizen and starting a relationship she decided to relocate to UK, moved over here and enrolled her daughter at school. Within days of arriving their was a domestic abuse incident with her as the victim, police were called and she and her child were removed from the property for their safety and placed in a homeless hostel in a different town (where I am one of the support workers). She currently has no funds available to her and does not have a work permit.
She has secured another school place for her child beginning next week again without any difficulty.
She has been advised to complete an EEA1 application (I believe on her child's behalf?) and another application for herself, unfortunately I can't recall which one (it's written down in the office & I'm at home).
I don't have much experience of the immigration system but my understanding is that the child has exercised her treaty rights (school places) and therefore has the right to reside here but I'm not sure what mums position is? Can she exercise other rights on her child's behalf- nhs treatment, benefits, etc?
If anyone could offer any advice on this situation that would help it would be greatly appreciated, apologies for the long post.

Greenie
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Post by Greenie » Sat Jun 16, 2012 6:42 am

Given the complexities and sensitive nature of the case you really should be seeking advice from an immigration solicitor on this matter. Were abouts in the country is she living (you can send this information in a personal message if you wish rather than reveal publicly) and i can send you a list of legal aid providers in her area.

Am i correct in assuming that the British man is not the child's father? Where is the childs father and what is his nationality? What was the mothers immigration status in Ireland?

Tallpaul
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Joined: Fri Jun 15, 2012 11:08 pm

Post by Tallpaul » Sat Jun 16, 2012 10:47 pm

She saw an immigration solicitor on Friday, that's who has advised she completes the EEA1, but even she seemed a little unsure (clients interpretation).
The child's father is an Irish national but he left during the pregnancy, isn't on the birth cert and has no involvement.
Immigration status in Ireland is I believe Stamp 4 long term residency- she has the rights to reside, work, buy property and land, etc.

Greenie
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Posts: 7374
Joined: Thu Aug 21, 2008 9:45 pm
United Kingdom

Post by Greenie » Sun Jun 17, 2012 5:34 am

I think if she is unclear she needs to speak to the solicitor again. Do you mean sol unclear or client? Is there any reason she can't return to Ireland with child considering she has right to work there?

thsths
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Re: Eu citizen child with non eu mum

Post by thsths » Sun Jun 17, 2012 8:51 am

Tallpaul wrote:I'm currently working with a NZ national who has been residing in Ireland for a number of years where she had a child (now 7 years old), the child has dual nationality- Ireland and NZ.
After meeting a UK citizen and starting a relationship she decided to relocate to UK, moved over here and enrolled her daughter at school.
A agree with Greenie, it would be a lot easier for her to return to Ireland, and to live there until she gets Irish citizenship. Do you know when that would be?

If she settles in the UK, the clock is reset, and she has to wait 6, 8 or 10 years before getting UK citizenship.
She currently has no funds available to her and does not have a work permit.
And that is exactly the problem. She can apply for EEA1 for the child (no need to, but it is good evidence). She can apply for EEA2 for herself, but this is a difficult route. There is sufficient case law to support her, but I think the UKBA rules are not on her side, so this will have to go to appeal. This could take about a year before she actually gets confirmation of her right to work. I support everybody to pursue their rights, but it certainly does not look like an easy route to me.
Can she exercise other rights on her child's behalf- nhs treatment, benefits, etc?
NHS treatment yes, because it only conditional on residence. But benefits and work permit will be a matter of dispute, I am afraid.

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