EEA Permit but moving around

[van15]

Hello,

Could someone help to clear my matter.

I am Dutch, working in Scotland. My dependent child (just turn to 22) is on her EEA permit with me.

Now our company want to post me, at first to Germany for few months (may be more) and later may be to Rumani for a new branch.

My question is that if my dependent child (>21) can freely moving with me around EEA. Can she apply for resident card in Germany based on EEA permit (issued by UK)?

Alternatively, can a person with EEA permit from one EEA country get a resident card from another EEA country? Anything to care about of this issue?

I really to take her with me (us) because she is total new an lonely in UK.

Please advise!

[Directive/2004/38/EC]

I assume your child does not have Dutch citizenship. What is the child's citizenship?

How long has your child been in the UK?

Where is Rumani?

[van15]

Hello,

Oh, terrible sorry for my mistake of typing ''Rumani'' instead of Romania.

My child holds Thailand passport. She just got her EEA permit and has joined us here for 1,5 months.

I am about to move to Germany in 2 weeks. I am not so sure if I should apply for her EEA permit or we can go straigh for resident card in Germany. If EEA permit/resient card is not valid in onther EEA country, then we need another apply for my next move. (may be to Romania)? This is too complicated!

Any advices please!

[EUsmileWEallsmile]

The key point here is that your daughter is dependent on you (she needs to be to be considered to be a family member). (For completeness, she could also come under the category of an "other family", but rights are not automatic).

An UK issued visa (family permit) will not be valid outside the UK. A UK issued residence card can be used in lieu of a visa to enter other EU countries if accompanying or joining EU national family member.

A German or Romanian residence card could be applied for if you decide to stay in Germany or Romania longer term. Please bear in mind the first paragraph above and each EU country will assess the circumstances when the application is made.

[van15]

Many thanks to you EUsmileWEallsmile.

I am just afraid to deal with all documents for my child again. It was hard for her to get a Family permit to UK, and now, am I going for another application to Germany.

Please advise if anyone has any idea for me in this situation. Also if someone would know how the issue for family permit situation would be in Germany?

[Directive/2004/38/EC]

So there are two issues:

(1) Gathering and retaining as much proof of her dependence as possible. This is important if she is over 21. Did you have to prove dependence already to UKBA or was she younger when applying then?

(2) Getting her to Germany (either getting a Schengen visa (which is the equivalent of an EEA Family Permit) or entering without a visa)

(3) Getting her a Residence Card issued by Germany

------------------

How long have you been resident in the UK? If more than 5 years, what were you doing in this time?

How long do you presently realistically expect to stay in Germany?

[van15]

Hello,

She was < 21 when FP was issed, but now she is > 21 --> here come the problems.

A good option for me, may be I should stay here till she gets resident card from UK.

Just the last question.

Would officer return all docs (package) if the application for FP is refused?

I really need to know as i have just one set of docs with me, never want to loose it!

[van15]

To Directive/2004/38/EC

I have been living in Scotland for 2 years for setting up the business with my boss. We are expanding at first to Germany, Romania or Hungary is also promising for us.

One more thing,

I know nothing about the rights of holding a resident card in EEA.

Does it mean, if she holds a EEA resident card, she can live as long as she want in any other member (she must accompany by me) till the expire date?

Example: If she hold UK resident card, valids for 5 years. She can live with me in Germany up to that 5 years without any additional paper from Germany?

[van15]

Interesting, I found out that :

The UK does not accept Residence Cards issued by other states for entry into the UK


http://en.wikipedia.org/wiki/Residence_ ... _citizen[b]

but how about vice verse, would resident card issued by UK is valid in Germany?

Here it mentions only about the benefit of the RC is that it free entrance to other member but do not mention about the right to long resident (more than 6 months). [/b]

[EUsmileWEallsmile]

The key point here is that your daughter is dependent on you (she needs to be to be considered to be a family member). (For completeness, she could also come under the category of an "other family", but rights are not automatic).

An UK issued visa (family permit) will not be valid outside the UK. A UK issued residence card can be used in lieu of a visa to enter other EU countries if accompanying or joining EU national family member.

A German or Romanian residence card could be applied for if you decide to stay in Germany or Romania longer term. Please bear in mind the first paragraph above and each EU country will assess the circumstances when the application is made.

Van, please review the above.

[Directive/2004/38/EC]

If you had been in the UK for more than 5 years you might have PR, but you have not so that is one option gone.

Is your daughter in full time education in the UK?

Note that your daughter's right to stay in the UK depends on her being dependent on you.