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Help for my children pls pls

Posted: Fri Aug 05, 2016 4:02 pm
by Kerr b
Hi i have obtain PR through my unmarried eea partner
But I have problem now we are not together after finding
Out stuff that he had being doing behind my back when
The police show up at my door
I have two children which is not his biological children
currently on their 5 year eea
family permit but he was the sponsor
They would due to apply for PR as well in couple months
But I don't know what to do now that my partner and I are
Are no longer in a relationship
Can I apply for my kids ??? Under the Eu law
Are can I apply for them under the British law ?
What application can I make ?
They are in the uk for 5 year now going school and collage
One is 17 plus and 14

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 4:13 pm
by Ikonkar
I could be wrong but can't you apply for British nationality for your kids? being you as a person settled in the UK and kids are under 18..

I could be wrong! - so apologise.

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 4:20 pm
by Casa
PR is required before qualifying for BC. The children weren't born in the UK.

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 4:21 pm
by Ikonkar
Casa wrote:PR is required before qualifying for BC. The children weren't born in the UK.
Sorry - my bad..... Thanks Casa

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 4:21 pm
by noajthan
Kerr b wrote:Hi i have obtain PR through my unmarried eea partner
But I have problem now we are not together after finding
Out stuff that he had being doing behind my back when
The police show up at my door
I have two children which is not his biological children
currently on their 5 year eea
family permit but he was the sponsor
They would due to apply for PR as well in couple months
But I don't know what to do now that my partner and I are
Are no longer in a relationship
Can I apply for my kids ??? Under the Eu law
Are can I apply for them under the British law ?
What application can I make ?
They are in the uk for 5 year now going school and collage
One is 17 plus and 14
You say you have acquired PR status.
Do you have DCPR too? (PR card).

Where were children born? (EEA or non-EEA?)

If relationship has ended children will not have any status from previous your partner/children's sponsor as they are extended family members (not direct family members).

The fact that children are in school may help, at least until age 18.

When did relationship with partner/sponsor end?

When did children arrive in UK?
When were their EFM RCs issued? (I think you mean EEA FM RC not permits)

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 4:55 pm
by Kerr b
Yes I apply for PR card and got it Tha children was not
Born in this country non eea they came to the uk in
August 2011 on
6 months entry and then got the 5 years Dec 2011
The relationship end May of this year

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 5:20 pm
by Obie
If they are in the UK and spend 5 years already, they may well have qualified for Permanent Residence Status.

As a matter of Law, the fact that you have since separated, may not affect their position under Regulation 15(1)(b), as they met the requirement of Regulation 7(3) for the duration of their stay in the UK.

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 5:34 pm
by Kerr b
Ok Obie at least I get a ray of hope but can you pls tell
Me how to go about applying because I call HO and man
They all told me that my child need to go home because
Am not a EEA national to apply for them (kids) I spent
Near £300 to get consultation with different Soliciter
One told me I can spot for FlR and they will get 2.5 years
But my oldest will have to apply for him self when the first
2.5 year finish

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 7:47 pm
by Obie
It should be EEA PR, provided they resided with the EEA national form Entry to 5 years from that day.

Re: Help for my children pls pls

Posted: Fri Aug 05, 2016 9:02 pm
by Kerr b
Ok Obie thank so base on the fact that the eea national
Is not around to give his pass port and sign the PR application
How to I go about that ?? How do I fill the form please give me
A clearer idea how to go about it I still have his pay slip
At the house

Re: Help for my children pls pls

Posted: Sat Aug 06, 2016 11:40 am
by asp
But if the children entered in August 2011 they will not have been EFM for five years by the time the relationship ended in May 2016...

May have misread OP's timeline

Re: Help for my children pls pls

Posted: Sat Aug 06, 2016 2:40 pm
by Kerr b
asp when we apply for them to join us in the uk they got
6 months visa mark visa EEA FP / family member to join
(Sponser name ) August of 2011 then we apply for the 5 year
Resident card valid for 5 years December 2012

Re: Help for my children pls pls

Posted: Sat Aug 06, 2016 6:56 pm
by noajthan
Kerr b wrote:asp when we apply for them to join us in the uk they got
6 months visa mark visa EEA FP / family member to join
(Sponser name ) August of 2011 then we apply for the 5 year
Resident card valid for 5 years December 2012
Minors' PR would have been acquired around now (August).
Relationship ended 3 months too soon for that (May).

Re: Help for my children pls pls

Posted: Sat Aug 06, 2016 7:22 pm
by Obie
They may be fine. 3 months is reasonable.

They children do not have to be in a Durable relationship with the EEA national.

They must have acquired rights on the basis of their relationship of dependency on the EEA national.

Therefore it may be the case, that your separation should not put them in disadvantage.

You could also register them as British and make an application for naturalisation for your self.

Re: Help for my children pls pls

Posted: Sun Aug 07, 2016 5:08 am
by Kerr b
Ok Obie I applied for natinalisation last month so are you
If I get approve then I can register my kids as British citizen
Even though they where not born here and only in the county
For 5 year and don get the PR stamp?