Page 1 of 1
Using Chen case in family permit application
Posted: Sat Mar 16, 2013 2:01 pm
by daddy
Can I apply for family permit using Chen case, as there is a recent changes to EEa regulation.Pls read the following from recent statement of changes
In the subsequent case of M (Chen parents: source of rights) Ivory Coast [2010], the Upper Tribunal found that 'Chen' carers persons have a right of residence under European law. This determination effectively prevented the UK Border Agency continuing to require Chen carers to apply for leave under the Immigration Rules, because section 7 of the Immigration Act 1988 says that a person who has 'an enforceable Community right' shall not require leave to enter or remain in the UK.
Posted: Sat Mar 16, 2013 2:17 pm
by Obie
what is the nationality of your child?
Posted: Sat Mar 16, 2013 4:23 pm
by daddy
my children are EU citizens( Irish)
Posted: Mon Mar 18, 2013 1:26 pm
by daddy
Pls any contributions to my question. Thanks.
Daddy.
Posted: Mon Mar 18, 2013 1:27 pm
by Directive/2004/38/EC
Where is the child and parents?
Posted: Mon Mar 18, 2013 1:28 pm
by daddy
Any help pls.
Posted: Mon Mar 18, 2013 1:29 pm
by daddy
Directive/2004/38/EC wrote:Where is the child and parents?
Ireland, wanting to apply for Family permit to visit UK.
Posted: Mon Mar 18, 2013 1:31 pm
by Directive/2004/38/EC
I must say I do not know exactly what your question is. What would you like to know?
Posted: Mon Mar 18, 2013 2:23 pm
by Obie
You should be able to qualify under Regulation 12, amended.
Posted: Mon Mar 18, 2013 9:12 pm
by Directive/2004/38/EC
Obie wrote:You should be able to qualify under Regulation 12, amended.
That is true but I do not think that is the question. They are in Ireland and are asking if they even need a visa I think.
Posted: Mon Mar 18, 2013 11:10 pm
by daddy
Directive/2004/38/EC wrote:Obie wrote:You should be able to qualify under Regulation 12, amended.
That is true but I do not think that is the question. They are in Ireland and are asking if they even need a visa I think.
My question is: Is there any provision in the law (UK) that allows a non EU parent of EU child to apply for UK family permit.
Posted: Tue Mar 19, 2013 12:10 am
by Obie
Also read.
Regulation 11(5)
You don't really require an EEA family permit, if you are sure you meet the requirements of Regulation 11(5), as ammended.
Posted: Tue Mar 19, 2013 2:26 pm
by Directive/2004/38/EC
What is the legal status of the non-EU parents in Ireland right now? Do you have a visa or a RC or something similar?
Posted: Tue Mar 19, 2013 9:58 pm
by daddy
Obie wrote:Also read.
Regulation 11(5)
You don't really require an EEA family permit, if you are sure you meet the requirements of Regulation 11(5), as ammended.
I have been to uk twice with my family on visit, we traveled via holyhead by ferry, and in those two occassions spent about one hour with the IO but later was allowed to enter uk, in the second occassion I was issued with six months leave to enter on a piece of paper(A4 size).
The issue is that we want to fly this time, and the airline would not allow me to board the flight without family permit. thats why I asked the initial question on this post.
Thanks.
NB: I have RC in Ireland.
Posted: Thu Mar 21, 2013 8:12 am
by daddy
Anymore contributions please.