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EEA Child of British Citizen
Posted: Fri Mar 25, 2016 10:19 am
by Richard W
This is someone else's problem, but I am trying to understand if there is a pleasant solution. One economically and educationally unattractive solution is to apply for a family route settlement from abroad. The child is already at school in the UK. The child has no entitlement to be registered as British.
What EEA routes will allow a young EEA citizen child, not a British citizen, to lawfully live in the UK with its British parent? A claim of self-sufficiency (or similar) is the only one I can think of. I had thought that regular visa runs to activate the initial 3 months right of residence would work, but I now realise that returns under this abuse could be blocked by Regulation 19(1AB) of the Immigration (EEA) Regulations 2006.
A sting in the tail is that the child is actually Swiss, so invoking the rights of an EU citizen might not help.
Re: EEA Child of British Citizen
Posted: Fri Mar 25, 2016 2:21 pm
by noajthan
Richard W wrote:This is someone else's problem, but I am trying to understand if there is a pleasant solution. One economically and educationally unattractive solution is to apply for a family route settlement from abroad. The child is already at school in the UK. The child has no entitlement to be registered as British.
What EEA routes will allow a young EEA citizen child, not a British citizen, to lawfully live in the UK with its British parent? A claim of self-sufficiency (or similar) is the only one I can think of. I had thought that regular visa runs to activate the initial 3 months right of residence would work, but I now realise that returns under this abuse could be blocked by Regulation 19(1AB) of the Immigration (EEA) Regulations 2006.
A sting in the tail is that the child is actually Swiss, so invoking the rights of an EU citizen might not help.
The child can remain in UK as a 'child in education' at least as long as they are at primary or secondary school.
(Child may need CSI and be able to demonstrate self-sufficiency, not being a burden to UK public funds).
What is nationality & status & immigration status & whereabouts of other parent: now / before?
Re: EEA Child of British Citizen
Posted: Fri Mar 25, 2016 3:17 pm
by noajthan
Re: EEA Child of British Citizen
Posted: Fri Mar 25, 2016 8:01 pm
by Richard W
noajthan wrote:The child can remain in UK as a 'child in education' at least as long as they are at primary or secondary school.
(Child may need CSI and be able to demonstrate self-sufficiency, not being a burden to UK public funds).
By the way, as far as the EEA regulations are concerned, what is the advantage of being a student over being 'self-sufficient'? As far as I can see, there are tighter requirements to be a 'student', but as a consequence of being a 'student', one has fewer rights!
noajthan wrote:What is nationality & status & immigration status & whereabouts of other parent: now / before?
The father is Swiss, the mother is British. The parents are divorced. I believe the child was born in wedlock, but it may have been born before the marriage. The whereabouts of the father are unknown; he could even be dead. There is no evidence that he has ever been in the UK.
Re: EEA Child of British Citizen
Posted: Fri Mar 25, 2016 9:41 pm
by noajthan
Richard W wrote:By the way, as far as the EEA regulations are concerned, what is the advantage of being a student over being 'self-sufficient'? As far as I can see, there are tighter requirements to be a 'student', but as a consequence of being a 'student', one has fewer rights!
noajthan wrote:What is nationality & status & immigration status & whereabouts of other parent: now / before?
The father is Swiss, the mother is British. The parents are divorced. I believe the child was born in wedlock, but it may have been born before the marriage. The whereabouts of the father are unknown; he could even be dead. There is no evidence that he has ever been in the UK.
The child will not be old enough to exercise treaty rights in the same way as an adult who happens to be a student or self-sufficient.
A child in education is a special case. As long as not a burden on the UK system s/he should be ok but the parent will have to dig into this.
In any case a RC is optional.
It would probably have helped if other (Swiss) parent had been in UK exercising rights at some time previously but it can't be helped if he did not.