EEA PR (or RC) for EEA children

[Angie77]

This form is driving me nuts! It's very complicated! If anyone could help me I would much appreciate.
Father is European living in UK over 6 years exercising the treaty and rights. Mother already has PR granted 7 months ago.
The children were born outside UK and came to join their father and mother in UK little over than 2 years ago.

We are just in process of filling the application for their residence confirmation but I am not sure if the children are entitled to eea PR as they have been living in uk less than 5 years.

Considering they are our direct family member dependent child under 18 years old. That means that our rights flow automatically to them? Do they qualify for PR as Mother already has PR and Father is entitled and is applying to it?

Many thanks

[Richard W]

The children were born outside UK and came to join their father and mother in UK little over than 2 years ago.
<snip>
Considering they are our direct family member dependent child under 18 years old. That means that our rights flow automatically to them? Do they qualify for PR as Mother already has PR and Father is entitled and is applying to it?

Residence rights flow from the EEA sponsor (in this case, I assume the father, though you haven't actually said that he's an EEA national). However, permanent residence generally requires 5 years residence under the EEA Regulations, and nothing in the original post hints that they are eligible under the exceptions, which are related to death and retirement.

[Angie77]

the father is european and working in uk for over 6 years and the mother is non european but already has PR.
I am still unsure what we should do regarding their residence application. There is nothing about this in the home office page.

[noajthan]

the father is european and working in uk for over 6 years and the mother is non european but already has PR.
I am still unsure what we should do regarding their residence application. There is nothing about this in the home office page.

PR status is not 'inherited' in any way.

As previous poster has explained, family dependents of an EEA sponsor can acquire 'normal' PR status (via their sponsor) after the dependents have resided in country for 5 years.

It's too soon for your children to apply for confirmation of PR - they haven't acquired PR yet.

You may apply for residence cards/certificates for the children if you wish.

This is different from the PR card.
A RC is optional.
It will simply confirm their current status in UK (it doesn't grant the status).

See https://www.gov.uk/government/publicati ... orm-eea-fm

[Angie77]

My children are EU citizens and living in UK for less than 5 years.
I am applying for their EEA FM with my husband being the sponsor ( he is European PRC holder)

The guidance note says to send the birth certificate to prove relationship with the sponsor.
Can send only their ID cards or passports instead of birth certificate?

It is also asking to send sponsor's permanent card. However can I send only a copy of it or not send it at all?

[ohara]

If the children are EEA citizens, you are applying for registration certificates for them, not residence cards.

The correct form to use is EEA(QP). The EEA(FM) form is the application for a residence card for a non-EEA family member of an EEA national.

[noajthan]

If the children are EEA citizens, you are applying for registration certificates for them, not residence cards.

The correct form to use is EEA(QP). The EEA(FM) form is the application for a residence card for a non-EEA family member of an EEA national.

Use EEA (QP) if children are applying in their own right as qualified persons.

Use EEA(FM) if children are direct family members of their Union citizen (parent) sponsor.

Use this application form if you wish to apply for a registration certificate (if you’re an EEA national) or residence card (if you’re a non-EEA national) as:

• the family member of a relevant EEA national,

[noajthan]

My children are EU citizens and living in UK for less than 5 years.
I am applying for their EEA FM with my husband being the sponsor ( he is European PRC holder)

The guidance note says to send the birth certificate to prove relationship with the sponsor.
Can send only their ID cards or passports instead of birth certificate?

It is also asking to send sponsor's permanent card. However can I send only a copy of it or not send it at all?

You have to prove the relationship of family members to their sponsor - so bc is appropriate.
No relationship - no RC.

As per guidance send original docs. If sponsor is settled you need to prove it.

If your application contains errors or is missing information it may be rejected as invalid.

Your application will not be considered and your fee will be refunded less an administration fee of £25 for each person included in the application.

Unless otherwise stated, please send original documents only. Photocopies are not acceptable. If you’re unable to send the original, please explain why. We’re unlikely to be able to approve your application without sight of the original document.