Migrating to the United Kingdom

[Brokerhenry]

Hello: I am writing in the hope that I could obtain information on how to proceed with my plans. I studied in Sweden in the 1990's and had a child with a classmate from Finland. I returned to the United States after graduating. My daughter is a citizen of Finland and Sweden. I am married and have 2 children here in the US. My 12 years old daughter really misses her siblings and proposed that we move to the United Kingdom, which would make it easier for her to see her siblings. I am a pharmacist and my wife is a licensed civil engineer in the state of Florida. Since my daughter is a citizen of 2 European countries and would live with us in the UK at least 4 months of the year, what is the best way for us to move to the UK as a family? My Swedish resident card expired in 2005 and I have never renewed it. I would really appreciate your response.

Thank you.

Henry.

[John]

Henry, interesting question. But I suspect you will not like this answer, well not the first part.

So your daughter is both Swedish and Finnish and of course both countries are in the EU. Under the terms of the Chen case you could move to the UK to look after your EU citizen child. BUT under the terms of the Chen case you would not be permitted to work! Ouch!

In other words I don't think you having an EU Citizen child helps you in your effort to move to the UK.

But are there any other routes? Well yes, but these would have been there even without that EU citizen child.

With the qualifications possessed by you and your wife it looks likely that one or both of you might qualify for a Tier 1 (General) visa, If such a visa is indeed issued, dependent visas would be available for the rest of the US family.

Tier 1 (General) is a points-based system. Click here and you will get some idea whether you and/or your wife might get enough points.

If that doesn't work out, as regards your wife, note that under Tier 2 (what used to be called a Work Permit) there is a list of shortage occupations, including :-

Senior Project Civil Engineer
Project Civil Engineer

But find look at Tier 1 (General).

[Brokerhenry]

Hello John, thank you for your response. I thought that immediate relatives of EEA citizens could use that relationship to work and live in EEA countries. Since my daughter is such a citizen, doesn't it follow that we would qualify under the EEA relative provision?

Thanks,

Henry.

[Wanderer]

Hello John, thank you for your response. I thought that immediate relatives of EEA citizens could use that relationship to work and live in EEA countries. Since my daughter is such a citizen, doesn't it follow that we would qualify under the EEA relative provision?

Thanks,

Henry.

Don't think there's provision for relatives as such - just dependants, which you are not.

[John]

I thought that immediate relatives of EEA citizens could use that relationship to work and live in EEA countries. Since my daughter is such a citizen, doesn't it follow that we would qualify under the EEA relative provision?

Sorry, no, the Chen case is quite clear about that. If you click here, and then read at 2.5.2, you will see that whilst you have a right to live in the UK with your EU child :-

The ruling did not give non-EEA national parents the right to work.

-: and then goes on with such detail as :-

be able to and will be maintained and accommodated without taking employment or having recourse to public funds;

So again, going that EU route is not going to work, unless you are rather rich, and content not to work in the UK.

[Brokerhenry]

Thank you for clearing that up. We will apply through the qualification route then. I am sure a pharmacist should be able to secure employment in the UK. First thing is to find out what I need to do to obtain UK license to practice. The same goes for my wife who is a civil engineer.

Thank you for sharing your knowledge.

Henry.

[Wanderer]

You need a Masters Degree for Tier 1 (formerly HSMP) in order to come here and - the alternative is Tier 2 (formerly Work Permit) but you'll need to find a company to sponsor you that has a licence to sponsor.

Bloody difficult coming here now!

[meats]

Bloody difficult coming here now!

If you try to enter legally it is and with honest intentions.