Surinder for a child?

[Kitty76]

Hi, I hope someone can help me,
I came to UK using the SS route as I lived in Spain with my husband for two years, I have a resident card.
I have two daughters (non EU) and due to some issues with their biological father they did not lived with us in Spain but they came to the UK last year with a Family permit....we apply for a resident card using the surinder Sinh route but they just refused saying they did not lived with us in Spain . We did not realise they did some changes to article 9. Now am desperate, don't know what to do, they said in the letter we can appeal but not sure how or what can we do as I can't afford legal advice.

[Obie]

I believe it can be challenged . One Article 21 will be ineffective, if a person is unable to reside with their minor children.

There is also a principle in EU law, called the principle of Protection of Legal Certainty and the principle of the protection of Legitimate expectation.

The changes are abrupt and chaotic, and cause people who already had right under the regulation to lose it.

[Kitty76]

The reason they did not lived with us was my ex husband didn't want to grant me the permission for them to leave my country, so I have to go to court in my country , and as soon as I was granted the order we bring them with a Family permit.
Can you give me some advice on how to do the appeal or what to say...sorry I know am asking for too much but we are really lost.

[Obie]

My position is, you will not qualify under the regulations, but under normal EU law. EU will have no meaning to the beneficiary, if they are unable to settle with their 3rd country children.

in this instance, there was legitimate expectation on the part of the parent that the child has benefited from the regulation, entered under it, via a family permit, and was granted a right of entry. It cannot now be appropriate for this family life to be discontinued. The case of Lounes may be of assistance later along the line.

Even if not successful, i believe there will be a basis for him or her to qualify under domestic provision.

I wish you all the best.